Monday, December 19, 2011

DWI and DUI in New Mexico

Good representation is essential in New Mexico courts, especially in Albuquerque. Retaining a defense lawyer who has vast experience as a prosecutor raises the level of expertise and social connection necessary to see justice served, and a reduced out come in sentencing.

DWI or "driving while influenced" and DUI, "driving while under the influence" have serious consequences for the community. Long gone are the days of getting away with swinging into the Stop-n-Rob for a coolie on the move.

Too many motorists ended up dismembered in more than one tree or driving home with a dead pedestrian embedded in their radiator.

As a result of NGOs’ like Mothers Against Drunk Driving (MADD) and their herculean effort to save everyone from being the accidental perpetrator or victim of driving while intoxicated "DWI" or driving under the influence "DUI", state penalties for this felony charge are very high.

There are a degree of factors involved in sentencing, presuming innocence, and reducing sentencing.

A person maybe innocent for any number or reasons:

There may have been a personality conflict between the arresting officer and the motorist in question
The officer may have pulled over a similar looking car, where the driver was merely overly tired.
The test may have resulted in a false positive.
The defendant maybe the victim of some sort of harassment or prejudice.
One officer may be lying to cover the accidental misjudgment on the part of their partner or another officer at the scene.
The level of intoxication at the time of the DWI/DUI charge may have been below the legal limit.
The reason for the stop may have been a false stop.
Having a less than obvious physical handicap that prevents the defendant in question from performing the road side drunk test exercises.

Finding a lawyer with many years experience in DWI and DUI law is key: Setting DUI and DWI bail is different than in other cases, as is the sentencing procedure. With experienced defensive council, bail can be set correctly with the right lawyer negotiating the semantics between the defendant and the state.

In the case of a victim, releasing a defendant to possibly offend again during the time they are out on bail is also a liability the court takes into consideration.

Having representation by a face familiar to the court can go a long way. This leaves you less vulnerable; and offers a relative modicum with regard to a degree of peace-of-mind given the circumstances.

In DWI and DUI cases within the great state of New Mexico and across the country, defense lawyers are protecting the rights of citizens who are innocent until proven guilty with reasonable or reduced sentencing as the individual deserves. And making sure that innocent defendants are not defenseless when they are taken into the system that defends us all

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