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January 2017 Archives

IS IT IMPORTANT THAT I HAVE A DWI LAWYER IF IT'S EVIDENT THAT THERE IS A STRONG CASE AGAINST ME?

Yes. Many criminal cases are strong against the accused. Not only can a lawyer help with the cases: We help try the case to a successful verdict, help with oppression issues, but they can help negotiate a deal that mitigates the harm against you, even in a case that is pretty strong against the accused.

WHAT IF THERE IS AN ILLEGAL ITEM IN "PLAIN SIGHT?"

"Plain sight" is an exception to the warrant requirement. In New Mexico, even if something is in plain sight, if it is not dangerous, officers still have to go get a warrant, but they can seize the car temporarily while they go get a warrant, and then retrieve the item in plain sight. But, I would still not consent to let the officer search your car.

WHAT IF AN OFFICER PULLS ME OVER AND WANTS TO SEARCH MY CAR?

You should always decline to allow officers to search your car. If an officer is asking to search your car, even if you don't have anything in your car, or you think you don't have anything in your car, it's a huge inconvenience. The officer can really tear your car apart if you consent to a search and not fix it. There have been cases where officers have planted things inside of cars or in homes during searches, so I always decline, and I think people should always say no. 

"WOULD YOU RECOMMEND THAT A DRIVER TAKE OR REFUSE A FIELD SOBRIETY TEST?"

I tell people that if they have had nothing to drink, or very, very little, then they should consent to the test. However, if that is not the case, a driver has the right to decline to do the Standard Field Sobriety Test and has the right to decline to give a blood or breath test, and I recommend that they do both and just ask for a lawyer.

NEW MEXICO'S 'IMPLIED CONSENT ACT' AND MEDICAL SOBRIETY TESTS

Once you've been arrested the officer will read you something called the New Mexico Implied Consent Act. That is a law in New Mexico that says if you drive on the roads of New Mexico, you have consented to giving your breath test, blood test, or both, depending on what an officer asks you.

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McGraw & Strickland, LLC
165 West Lucero Ave.
Las Cruces, NM 88005

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