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December 2016 Archives

POLICE QUESTIONING DURING A DWI

New Mexico courts have found that questioning on a DWI case before the arrest happens is not subject to Miranda. In a normal DWI case, an officer might pull somebody over for weaving, and then they have a conversation with that person, and they suspect that person has been drinking, and they have that person get out of the car and do standard field tests.

WHAT IF THE POLICE RECORD ME BEFORE THEY READ ME MY RIGHTS?

If an officer asks you questions about your case before Mirandizing you, you can normally get those excluded. This does not apply to traffic citations or DWI's in New Mexico, but for any other case an officer first has to read you Miranda rights before asking questions.

WHAT ABOUT CAMERAS THAT POLICE OFFICERS WEAR? IS VIDEO RECORDED AT THE SCENE ADMISSIBLE AS EVIDENCE?

Normally, yes. In New Mexico, officers are not required to turn their camera on, so an officer has to actually push a button to turn the camera on, and it is their discretion when to turn the camera on or not.

IF I'M ARRESTED, WHAT DO I DO?

If you're arrested, the smartest course of action is to not make any statements at all and ask to speak to a lawyer. When you ask to speak to a lawyer, your statement can't later be used against you in court. If you were to have a jury trial, the jury would never find out that you asked for a lawyer. The judge wouldn't hold it against you.

HOW DO I KNOW IF THERE IS A WARRANT OUT FOR MY ARREST?

The best way to check in New Mexico is to go to the website www.nmcourts.gov and run your name. That will check for any state issued warrants. If you believe that your warrant might be out of the city court, you can also just call the court directly and ask if you have a warrant.

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165 West Lucero Ave.
Las Cruces, NM 88005

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