Officers in DWI investigations must follow the guidelines established by the New Mexico Scientific Laboratory Division (SLD) in the administration of the breath alcohol tests. Failure to strictly adhere to the guidelines will invalidate the breath alcohol scores.
September 2010 Archives
The Zero Tolerance policy for schools was implemented in New Mexico to halt the growth of school related violence. There is no disputing that the policy has for the most part been both necessary and beneficial to New Mexico schools.
However, on occasion, the enforcement of the policy at the local enforcement level can get a little carried away.
In the 2009 case of State v. Nick R., the New Mexico Supreme Court addressed the prosecution of a sixteen-year-old Taos High School student for possession of a deadly weapon on school premises, a fourth degree felony.
Texting and driving is dangerous. The topic of texting and driving has gotten a lot of attention in the past year even making Oprah. The attention is well deserved.
A Car & Driver Magazine study found that texting and driving was more hazardous than drinking and driving. The study found that texting drivers had a breaking response time 3 to 4 times slower than drunken drivers.
The Car & Driver findings are backed up by National Highway Safety Administration (NHTSA) which found that texting is among the most serious and dangerous distractions facing drivers causing close to 6000 deaths and 500,000 injuries in 2008 alone.
Now prosecutors are taking note!
In State v. Patrick Marquez, the defendant was charged with and pleaded to 2 counts of homicide by vehicle and 3 counts of injury by vehicle.
Remarkably, Mr. Marquez was not the driver of the car but the passenger. Mr. Marquez entered a conditional plea filing an appeal on whether or not there was any such crime as accessory to homicide by vehicle. The Court in Marquez found that there was.
The State Department has recently dramatically redefined grounds of inadmissibility for mental and medical disorders. The new State Department guidelines could result in admissibility of those convicted of DUI/DWI.
Thus, as is many criminal matters, the immigration consequences may now greatly outweigh the penal consequences. The results may be particularly harsh for first time simple DUI/DWI offenders who in New Mexico face no jail time at all.
Texting has grown very popular over the last few years. Anyone who has provided a mobile phone to their child has learned one way or another the annoying popularity of the practice among teens.
Most of the time, the constant texting is simply an annoyance asdinners are interrupted, cars are wrecked, and conversations are stopped dead as a result of the uncontrollable urge to text and be texted.
Unfortunately, texting can have far worse consequences than your reprimands. Texting often leads to sexting (the transmission or receipt of nude or semi-nude pictures or video from mobile phones) which has become almost epidemic among teens.
New Mexico takes DWI extremely seriously and for good reason. New Mexico has for years ranked among the national leaders in DWI accidents and fatalities. Unfortunately, many DWI fatalities in New Mexico and other states involve child passengers.
There is a growing trend in New Mexico and other states to charge DWI drivers with child abuse when children are present in the car at the time of the DWI offense. In New Mexico, parents charged with DWI with their children present often find themselves charged with Abandonment or Abuse of a Child, a third degree felony carrying up to 3 years in prison for the first offense.
The Court in Toms reiterated the ruling in the 2007 New Mexico Supreme Court case of State v. Martinez. In addition, the Court expanded on Martinez in addressing the proper procedural grounds by which a defendant may attack the foundation of the breath alcohol results.