Reader’s Question:

My cousin was driving home sometime last week when he was stopped because of a broken taillight. Unfortunately, he had been drinking and got arrested or DUI. What is the State’s burden of proof to prove him guilty of his DUI charge in Las Cruces, New Mexico?

Daija

Las Cruces, NM

The State of New Mexico should prove his guilt “beyond a reasonable doubt” on his DUI charge in Las Cruces, New Mexico, which is the highest burden of proof in the justice system. In comparison, probable cause is the lowest burden of proof. The level of proof for a probable cause is less than a 50-50 chance that you committed a violation of the law, but is all the police officer needs to write you a ticket or to arrest you.

Beyond a reasonable doubt, as the highest burden of proof, is really not defined. But despite of that, the clear and convincing evidence is a much higher burden. That is because your cousin’s freedom is on the line. A jury should have more than “tons” of evidence that he was under the influence before they could find him guilty. This may seem simple, but it is extremely convincing manner of making a jury understand just how much evidence is required before they can convict a person, thus branding the person a criminal for the rest of his life. Let’s put it this way, if a juror has a single doubt, based on a reason, as to your cousin being under the influence, they should follow the law and find him not guilty.

Tags: DUI, DUI arrest, DUI lawyer, DUI trial