By author on September 24th, 2008
Reader’s Question:
What do I need to do if I want to cancel my auto insurance policy with my current insurer? I feel like my premium rates are so high after my DUI arrest here in Santa Fe, New Mexico.
Marco
Santa Fe, NM
It is typical to have an increased rate on your auto insurance after you have been arrested for DUI in Santa Fe, New Mexico. You are now considered a high risk driver because of your drunk driving charge. But that doesn’t mean that you can’t have a lesser price on your auto insurance premium rates. Now, make sure that you do the right thing to avoid the mess that comes with being cancelled. You have to call your auto insurance company or an agent and inform them that you wish to cancel your coverage. Just be sure to tell them the date because if you are not specific, you could end up unwittingly driving around without insurance.
After you have informed the auto insurance company about your intent of cancelling your policy, they will then send you a cancellation-request form. The form would likely have all the information filled out when you get it, so you only have to sign it. But beware and look over the information that your agent or the company filled in because mistakes do happen. After you do all this, you would have then to look for another auto insurance provider so I suggest that you get an online rate quote from this website.
Tags: auto insurance, DUI, DUI arrest
By author on September 17th, 2008
Reader’s Question:
Is it gonna be automatic that if I drink some alcohol and drive, I will be arrested for DUI here in Las Cruces, New Mexico? I don’t know what I have to do if I get stopped and arrested, advice please.
Ces
Las Cruces, NM
The decision of whether or not to accuse you of DUI if you drink and drive in Las Cruces, New Mexico would be influenced by many factors, including your behavior. Anything you do or say from the very first moment that the police officer sees your vehicle would be used and construed against you in court. If you have consumed some alcohol, you would most likely be arrested, regardless of what you do or do not do.
Regardless, do not give up hope and you have to submit to everything the police officer tells you to do. Keep in mind that you have to politely protect your rights against self incrimination. Do not pay attention if the police officer threatens that “you would spend the night in jail if you do not cooperate.” That would most probably happen anyways. The police officer just wants to pressure you into giving him evidence that can be used against you. Do not ever make the police officer’s job easier than you have to.
Tags: advice, DUI, DUI lawyer
By author on September 17th, 2008
Reader’s Question:
Is it okay to hire the cheapest attorney to handle my DUI case here in Rio Rancho New Mexico? And is it also okay talk to someone other than an attorney for advice?
Jacob
Rio Rancho, NM
A common mistake that a person who is accused for DUI does not realize is that each and every DUI case involves a different set of facts and could even involve different law. Accordingly, the pivotal issue here is how your facts and law apply. Obviously, the best way to determine the answer is a review of the facts and application of the current law by a knowledgeable DUI defense attorney. So it is not okay to talk to someone other than an attorney for advice regarding your DUI case in Rio Rancho, New Mexico.
The experience and ability in handling a DUI case of each and every attorney is different. Legal fees of attorneys are predicated on the amount of time they anticipate committing to a case and the hourly rate they are seeking. If the attorney is the cheapest, that would not be always a good reflection on the amount of time the attorney intends on investing in your DUI case or, alternatively, the perceived value of the attorney’s services. The price an attorney charges must be one of several criteria in selecting the appropriate attorney.
Tags: DUI, DUI lawyer, DUI lawyer cost
By author on September 15th, 2008
Reader’s Question:
My cousin failed the field sobriety tests when he got arrested for DUI in Albuquerque, New Mexico. He told me that he also took the horizontal gaze nystagmus test. Is this test already been proven scientifically and being accepted as evidence in a DUI trial?
Randy
Albuquerque, NM
There is an arising conflict when courts are asked to determine the admissibility of novel scientific evidence such as the horizontal gaze nystagmus (HGN) test. Let’s take for example your cousin’s DUI case in Albuquerque, New Mexico. Initially, the court should ask if evidence is relevant in the DUI trial. For it to be relevant, the evidence should be probative of a material fact. If it will be deemed relevant, the court should address if the jury is familiar with the underlying science, as well as determine if the “science” is valid. Most of the jurors are not familiar with HGN and that would require expert testimony to help the jury in determining the test’s probative value.
A court suggested a trial judge to consider several factors when determining the admissibility of expert testimony. These factors include how reliable the results are in terms of potential error rates, if the underlying theory or technique has been subject to peer review and has been published in professional literature, if the evidence has been tested by scientific methodology and general acceptance. Research on the HGN test is limited but one study shows that arrests made based on HGN in suspected zone of 0.05% to 0.099% blood alcohol content are the most likely to produce most decision errors.
Tags: blood alcohol content, DUI, DUI lawyer, field sobriety tests
By author on September 14th, 2008
Reader’s Question:
I was told by my sister that her DUI case here in Las Cruces, New Mexico would be heard by jurors. Could you please tell me what usually happens in a jury trial?
Eileen
Las Cruces, NM
In my own little research and experience, most of the DUI cases usually get resolved short of jury trial. However, some DUI cases would go to trial and that’s what the person accused of DUI has to battle. If your sister’s DUI case in Las Cruces, New Mexico would have to go to a jury trial, 12 jurors would be selected from the community to hear the prosecution’s DUI case and of course, the defense case. The DUI lawyer would cross-examine the prosecution’s witnesses and could call their own witnesses and experts to testify at this jury trial. All of the jurors should be totally convinced beyond a reasonable doubt that your sister is guilty before she could be convicted for DUI.
The decision of going to trial would be entirely up to your sister. Her DUI lawyer would discuss with her all the advantages and disadvantages and risks and benefits if they would go to trial for her DUI case. At this point her DUI defense lawyer would discuss with her the issues at trial and plot all the possible defenses for her DUI case.
Tags: DUI, DUI defense, DUI lawyer, DUI trial
By author on September 13th, 2008
Reader’s Question:
When I was arrested for DUI in Santa Fe, New Mexico, the police officer did not read me my Miranda rights, so my DUI case will be thrown out, right?
Hilary
Santa Fe, NM
The most damaging evidence in a DUI case often comes from the defendant’s own mouth, that would be admissions. Although any statements made could be spontaneous and thus not subject to suppression under Miranda grounds, they generally come in reply to a series of questions asked by the police officer. These questions usually tend to follow a rather routine format, and are commonly geared in finding out what and how much you have had to drink, when and where you have been drinking, if your memory or mental awareness has been impaired, the probable presence of drugs or medication and the absence of any illness or medical condition, preclude later claims that they affected your symptoms or performance. As a matter of fact, these questions could be so predictable that a lot of law enforcement agencies have formalized the interrogation in DUI cases by printing a list of questions in their arrest report forms.
Unfortunately, if the officer did not read you your Miranda rights when you were arrested for DUI in Santa Fe, New Mexico, it does not necessarily mean that your DUI case would be thrown out. Miranda warnings are usually not required unless the officer question you while you are in custody. Even then, the only good news that you were not read the Miranda rights is that the statements you made could not be allowed in your DUI trial.
Tags: DUI, DUI arrest, DUI lawyer
By author on September 10th, 2008
Reader’s Question:
I haven’t actually arrested for DUI in here Albuquerque, New Mexico but I am curious to know what blood alcohol content means. How is the BAC being measured and what are the factors that determine the BAC?
Peter
Albuquerque, NM
Good thing you haven’t been arrested for DUI in Albuquerque, New Mexico and it would be best to know certain things about DUI. Blood alcohol content (BAC) is the relationship between the amount of alcohol consumed and the elimination of alcohol in your blood. The BAC is usually measured as the percentage of deciliters of blood. So if the BAC is measured by how much blood you have, the body weight would make a difference on how much you could drink. The factors that determine the blood alcohol level includes weight, gender, amount of alcohol consumed, how long the time frame was while drinking and how long it takes to get back to a 0 BAC.
Having a BAC of .04% means that the person has 4 drops of pure alcohol for every 10,000 drops of blood. An average who weighs 160 lbs. and drinks two beers would have a BAC of .04% after about an hour on an empty stomach. Someone who would reach a BAC of .10% would normally show signs of intoxication. On the average, it would take about one hour for one drink leave the body.
Tags: blood alcohol content, DUI, DUI lawyer
By author on September 10th, 2008
Reader’s Question:
The criminal case of DUI is relatively new to me because I never thought that it is actually such a severe case. I just found this out when someone I know was sentenced to jail here in Rio Rancho, New Mexico because of his DUI charge. What factors are included in determining the severity of penalties in a DUI case?
Lady
Rio Rancho, NM
A person who will be convicted for DUI is subject to the different penalties based on specific and detailed laws. All of the factors that are involved in a DUI case is taken into consideration, and this includes the initial charge of DUI or driving with a blood alcohol content (BAC) level of .08% or higher. In a DUI case in Rio Rancho, New Mexico, for example, there are other factors that could be included to be able to determine the severity of penalties that will be imposed for someone who will be found guilty of the DUI charge.
These factors include the refusal to the blood alcohol test, a BAC level in excess of .15%, the presence of passengers under the age of 14, speeding in excess of 20 miles over the posted speed limit and a conviction within the last 10 years. Guidelines from the statutes would also allow different penalties based on several factors which include evidence presented in trial, local ordinances where the DUI happened, any weaknesses that are exposed by the defense and the credibility of the DUI defense lawyer. Also, DUI penalties levied by the court usually include penalties from the DMV. They actually do have their own set of guidelines and have several administrative hearings to find out what penalties are issued.
Tags: blood alcohol content, drunk driving laws, DUI, DUI lawyer, DUI penalties
By author on August 29th, 2008
Reader’s Question:
We all hope that my brother wins his DUI case in Santa Fe, New Mexico. Could you give us some things that he could be able to use as defenses on his DUI case?
Joan
Santa Fe, NM
Due to the complexities DUI cases, there could be almost limitless line of defense that your brother could use on his DUI case in Santa Fe, New Mexico. First is that intoxication or having consumed alcohol would not be enough because the prosecution should prove that your brother was actually driving. In the case of accident, this could be difficult if there are no witnesses to his being the driver of the vehicle. There should also be probable cause for the officer to legally stop, detain and arrest your brother because if not, evidence would be suppressed. Also, DUI checkpoints or the so-called sobriety roadblocks have particularly complex issues.
Regarding Miranda rights, incriminating statements could also be suppressed if the warnings were not given at the appropriate time. The prosecution should also prove that your brother was under the influence because the officer’s opinions and observations regarding intoxication could be questioned like the circumstances under which the field sobriety tests were given or the subjective nature of what the officer considers as “failing”. Witnesses could also testify that your brother appeared to be sober.
Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests
By author on August 27th, 2008
Reader’s Question:
I’m so unfortunate to have been charged with DUI here in Las Cruces, New Mexico. I was told that I need to hire a DUI lawyer not just any lawyer. Why do I have to do that if I can just be defended by any lawyer?
Paul
Las Cruces, NM
Defending against a DUI charge in Las Cruces, New Mexico can be a tricky business. A defense lawyer for a DUI case should have an understanding of scientific and medical concepts and should be able to question tough witnesses including scientists and police officers. This is the main reason why you should get a DUI defense lawyer and not just any lawyer around. A DUI lawyer could just be able to get you off the hook, or lessen the fine or punishment imposed.
DUI laws have changed radically over the recent years and anyone who is charged with DUI faces complicated criminal procedures and a potentially devastating punishment that could be more severe than a penalty handed down in a felony case. An experienced defense lawyer who specializes in blood alcohol analysis and drunk driving cases could effectively handle criminal and administrative proceedings in a DUI case. But it’s unfortunate fact that many general practitioners attempt to represent clients with little or no training or experience in this very complex field and the results are disastrous.
Tags: drunk driving laws, DUI, DUI lawyer
