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April 2017 Archives

IF I REFUSE TO DO THE BREATH TEST, DOES IT BECOME AN AGGRAVATED DWI?

It does, but you're still likely to get a more favorable plea deal because it makes the state's case a lot harder to show. Earlier, we were talking about how if the state has a good case against you, you get a worse plea deal, and if they have a problem with your case, you're getting a better plea deal, so you're giving them problems with their case by declining to give a breath sample. I've had plenty of cases where a client gives a breath sample and it's 0.16 or above, and they didn't give themselves anything by giving them a breath sample, and it's still aggravated because it's so high. 

DWI's: LET'S SAY I DRIVE A TRUCK FOR A LIVING? WHAT IF I HAVE A DUI IN ANOTHER STATE, PERHAPS? WHAT DOES THAT DO FOR MY CASE, AND HOW WOULD YOU DEFEND ME?

In New Mexico, DUI's in other states will count against you in New Mexico, and every DWI you get brings greater punishment.

UNDER WHAT CIRCUMSTANCES WOULD YOU RECOMMEND TO YOUR CLIENT THAT YOU HAVE A BENCH TRIAL RATHER THAN A JURY TRIAL?

If you have a case that has a very technical legal defense, sometimes judges can be more favorable to you than a jury. Maybe it's a case where what you did looks bad. A jury is not going to be happy about it, but you have a legal loophole or something like that; judges are more likely to go for that than a jury would be 

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

Phone: 575-523-4321
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