Police have a duty to enforce the law and maintain order. However, their powers do not allow them to unjustifiably search and arrest innocent people, even if you are under suspicion of a DWI in New Mexico.
Before law enforcement stops and detains you for a DWI, they must ensure reasonable suspicion exists before instructing you to stop your vehicle. Otherwise, the police may have violated your constitutional rights, which becomes your DWI defense.
In this post, I will help you understand:
- What Rules Must a Police Officer Follow When Pulling You Over?
- Common Reasons for DWI Stops
- Are Pretextual Stops Legal in New Mexico?
- Are DWI Sobriety Checkpoints Legal in New Mexico?
- How Do I Fight My DWI Case in Court?
As a side note, you should speak with a lawyer directly for personalized advice. However, the information below will offer insight from a general perspective.
What Rules Must a Police Officer Follow When Pulling You Over?
Police officers must have reasonable suspicion to pull your vehicle over. They must abide by specific rules when they do. A DWI attorney in New Mexico will review your case to determine if the arresting officer unlawfully stopped you.
Rules that a police officer must follow when pulling you over:
- Stop the motorist without bias or prejudice
- Make constitutional decisions throughout the stopping procedure
- Make constitutional decisions when investigating and making an arrest
- Have reasonable suspicion to pull the car over
- Detain drivers for the shortest period possible
- Exercise proper safety precautions and procedure
If these factors were not present, you might have the right to argue that you were stopped unlawfully. The officer did not have all the facts and evidence to make an arrest in the first place. Your legal counsel has the knowledge and experience to execute a defensive strategy regarding your illegal stop and subsequent arrest.
Common Reasons for DWI Stops
Police officers must make decisions quickly. This requirement often results in the misapplication of facts and circumstances. Your DWI defense lawyer must evaluate whether or not law enforcement violated your rights when pulling you over.
However, certain situations allow a police officer to pull you over legally, including:
- Multiple occurrences of weaving in, out, and across lanes
- Expired registration tags and license plates
- Driving over or under the posted speed limit
- Excessive or erratic braking maneuvers
- Traffic light and sign violations
- Talking or texting on your cell phone
- Passengers or the driver not wearing seatbelts
- Other traffic violations
While the above-referenced reasons warrant traffic stops, the reasonable suspicion standard is still used when making the decision to pull you over. Prosecutors must prove that the stop was reasonable. However, your defense attorney will raise defenses and provide evidence if this situation applies to your case.
Are Pretextual Stops Legal in New Mexico?
While the U.S. Supreme Court allows for pretextual stops. New Mexico Courts do not allow for pretextual stops. Pretextual stops occur when an officer has reasonable suspicion to pull a motorist over but does so for another reason other than the traffic violation. DWI arrests are often the result of a pretextual stop since a traffic violation is generally the catalyst for testing procedures.
Are DWI Sobriety Checkpoints Legal in New Mexico?
DWI sobriety checkpoints are legal in New Mexico. Our state police conduct them frequently, especially around major holidays and weekends. However, the DWI sobriety checkpoint may not adhere to requisite legal standards. Again, as a DWI attorney, I can determine if this is the case.
How Do I Fight My DWI Case in Court?
It is challenging to fight a DWI case without legal representation. You are allowed to defend yourself in court. However, you are expected to adhere to the same standards as a criminal defense attorney.
Legal Mistakes Affect Your Case
Legal mistakes, even seemingly minor ones, can result in unwanted consequences, such as a conviction. A conviction results in fines, jail time, loss of driving privileges, and more. It is also worth noting that a DWI conviction will stay on your driving record for 55 years!
Do Not Face Prosecutors Alone
Prosecutors are ready to present their evidence in court. You do not want to face their allegations, pleadings, and hearings alone. Instead, initiate a conversation with a DWI lawyer and learn more about your legal options to help you move forward on an illegal stop defense.
Start with a Free Case Strategy Session
If you or a family member were arrested for a DWI in northern or central New Mexico, Grano Law Offices, P.C. is ready to fight your charges. As our firm’s founder, I assure you that we do not shy away from a tough case.
Start with a Free Case Strategy Session now by calling (505) 426-8711 or message us online through the contact form below.
