DUI Charges in New Mexico

[enog24]

a friend of mine was pulled over and charged with DUI 2 weeks ago. He took the breath alyzer and failedThe question I had was how long does the state have to schedule a court date, I guess the right to a speedy trial? This is his first offense, and he has never been in trouble before, so if he goes to court, what type of punishment is he facing? Thanks for your help[

[aaron]

In New Mexico, a first offense DWI is punishable by up to 90 days in jail, a fine of up to $500, or both. Court costs will also be assessed.

The drunk driver may be ordered to attend "DWI School", a program for first offenders, and alcohol screening with counseling. Additional possible penalties include community service, attendance of a victim impact panel, and probation. The offender's driver's license may be revoked for a one year period, unless the driver is sentenced to and successfully completes DWI school.

If this first offense conviction is for aggravated DWI, New Mexico requires that the sentence include a minimum of 48 hours in jail in addition to the other penalties, as well as the requirement of an ignition interlock device.

In New Mexico, where a defendant claims a violation of his "speedy trial" rights, the court will balance (1) the length of the delay, (2) the reasons for the delay, (3) the Defendant's assertion of the right, and (4) the prejudice to Defendant, in determining if any remedy is appropriate.

[enog24]

thanks for the quick, informative reply. one last thing.
while backing out of his driveway, he dented a chainlink fence pole in his neighors yard and they called the police, thats the original reason he was pulled over. now, the city we live in is pretty small and has only one judge for all traffic cases. the judge is the son of the people whose fence he "hit". is this considered a conflict of interest because of his realtion to the people who called the police? if he does hear the case and convicts him of charges, can they be thrown out based out this? Thanks again.

[aaron]

the judge is the son of the people whose fence he "hit". is this considered a conflict of interest because of his realtion to the people who called the police? if he does hear the case and convicts him of charges, can they be thrown out based out this?

If your friend believes the judge may be biased as a result of his son's association with the case, your friend (or better, his lawyer) can ask that the judge recuse himself. All courts have a protocol for situations where a judge is unable to hear a case, whether that means using a judge from an adjacent county or using a visiting judge.