Santa Fe’s Court dismissed or dropped your DUI because someone, like the District Attorney (DA) or your defense lawyer, filed a Motion to Dismiss. A judge then granted the Motion and signed an Order to dismiss your charges. Since 2021, some charges have been refiled later at the discretion of the Santa Fe DA’s Office, meaning that you could still face future DUI charges even if they were previously dropped.
Our experienced and highly trained DUI defense attorney, Marc A. Grano, serves Santa Fe and focuses on the relevant trends affecting northern and central New Mexicans, including the District Attorney’s decision to pause or drop specific matters. Grano Law Offices, P.C. wrote this article to help people and their loved ones learn more about the potential reasons behind the Court’s decision to dismiss DUI charges.
Potential Reasons for Santa Fe DUI Dismissals and Dropped Charges
Several reasons could have given rise to getting your DUI charges dropped or dismissed. From pausing cases to police misconduct violations, your situation may be affected from multiple angles. The only way to confirm the specific outcome of your case is through legal advice provided by an attorney since court clerks and staff members may only provide you with information. However, some reasons for DUI dismissals and dropped charges are more common than others in Santa Fe.
Here are three possible reasons why the DA’s Office might have asked the Court for a case dismissal in your case:
Potential Reason 1. They Plan to Refile Your Charges Later
The DA’s Office has been dropping or pausing misdemeanor DUI charges against Defendants and refiling them later to give police more time for evidence gathering, according to a November 2022 article published by The Santa Fe New Mexican. District Attorney, Mary Carmack-Altwies, initiated this controversial approach in 2021 and is met with both support and opposition throughout New Mexico’s affected criminal justice system.
Proponents say the new measures have resulted in more significant DUI conviction numbers. At the same time, opponents, including law enforcement officials, believe that cases are not being refiled quickly enough or could cause people to re-offend. Regardless of their position, the DA’s Office currently utilizes this option, signifying a possible intent to refile your DUI charges even after dropping or pausing them.
Potential Reason 2. They Do Not Have Enough Evidence Against You
The second potential reason for Santa Fe DUI case dismissals ties in seamlessly with the first one. However, the distinction between the preceding section and this one is that sometimes the DA’s Office will drop or dismiss cases based on insufficient evidence without intent to refile charges later. If they do not believe they can prove their charges beyond a reasonable doubt, their office may ask a judge for a dismissal.
A defense attorney can also move to dismiss your case if they discover that prosecutors have insufficient evidence at several points throughout the pre-trial stage. This strategy is effective if the officer did not have reasonable suspicion to investigate you for driving under the influence nor had probable cause to arrest you.
Potential Reason 3. They Lack Government Resources to Prosecute
Potential reason three also coincides with both preceding reasons. The Santa Fe District Attorney’s Office and police officers cannot investigate, preserve, and process evidence fast enough to get more DUI convictions. A lack of resources could have caused this situation and possibly hinted at in this December 2022 KRQE News article.
In general, prosecutors throughout the United States lack government resources to pursue charges. They typically must “pick and choose their battles” by allocating time, money, and human resources to higher-priority cases. However, all New Mexico courts take DUI matters seriously, signaling a serious intent to convict guilty people.
Other issues could also trigger a Motion to Dismiss from the DA or your lawyer if proven police misconduct occurred, such as acts of unlawful detention, wrongful arrests, excessive force, officer perjury, faulty instruments, or a National Highway Traffic Safety Administration (NHTSA) standardized field sobriety test (SFST) violation. If you think the police or prosecutors made a mistake in your DUI case, retain any physical evidence in your possession and speak with an attorney at your earliest convenience.
Courts Overseeing Your DUI Case in Santa Fe
With the exception of cases filed in Santa Fe Municipal Court, your DUI case will be refiled in either Magistrate or District Court. Below, we have given you a side-by-side look at Santa Fe’s Magistrate and District Courts:
Santa Fe Magistrate Court
The Santa Fe Magistrate Court is located at 2056 Galisteo Street (Cross Street: St. Michaels Drive). They are open to the public from 7:30 a.m. to 4 p.m. Mountain Standard Time (MST) Monday through Friday.
Below, we have listed the following officials who may preside over or be involved in your or your family member’s refiled DUI case in Magistrate Court:
- Judges:
- Judge David Segura
- Judge Morgan Wood
- Judge John Rysanek
- Judge Donita Sena
- District Attorney (DA): Mary Carmack-Altwies
- Court Clerk’s Office: Kathleen Vigil
Santa Fe District Court
The First Judicial District Court, also known as the Santa Fe District Court, is located in the Santa Fe Courthouse at 225 Montezuma Avenue (Cross Street: Sandoval Street). They are open to the public from 8 a.m. to 4 p.m. Mountain Standard Time (MST) Monday through Friday, including the lunch hour. The District Court oversees civil, family, and criminal matters, including felony DUI charges.
Below, we have listed the following officials who may preside over or be involved in your or your family member’s refiled DUI case in District Court:
- Criminal Court Judges:
- District Attorney (DA): Mary Carmack-Altwies
- Court Clerk’s Office: Kathleen Vigil
It is essential to understand that the Court officials and their staff members represent the public’s best interest. They cannot give you legal advice, a much different communication standard than legal information. Legal information is all their office can provide, and while it may be frustrating not to get the answers you want when contacting them, they must stick to the facts in front of them and nothing more than that.
Instead, consider contacting a reputable DUI defense lawyer if you need personalized advice. Not only can a lawyer answer your questions, but we can also help you prepare for a future case that seeks to avoid potential conviction penalties and retain your driving privileges.
Will the Santa Fe DA’s Office Refile Your DUI Charges in the Future?
You probably feel relief after getting your DUI charges dismissed per a Santa Fe DA Office request. However, that feeling may be fleeting if they decide to refile their case against you later. Imagine receiving a notice three months from now saying that you must return to Court.
“Wait. I thought that case was dismissed.”
As it turns out, your past is not behind you. Even more frustratingly, the District Court Clerk’s Office will only confirm your next hearing date and nothing more because they “cannot give out legal advice, sir/ma’am.” Completely underprepared, your only wish may be that you had confirmed the dismissal with a private attorney months ago.
Avoid Waiting for Courts to Look for You!
Prevent the scare of receiving an unanticipated DUI charge refiling notice. Legal advice from a DUI defense firm, such as Grano Law Offices, P.C., will help you confirm the following:
- Why your charges were dismissed,
- If the DA’s Office plans on refiling them,
- The status of your driver’s license, and
- Your case strategy against any refiled DUI charges
Grano Law Offices, P.C. offers prospective clients and worried family members a Free Case Strategy Session to learn more about their cases. During this session, you will meet with your Santa Fe DUI defense attorney in a private, dedicated, one-on-one setting, whether virtually or in person, at your convenience. It is an opportunity to answer questions and voice concerns with a legal professional.
Do You Retain Your Right to Drive If Dismissed?
Your DUI dismissal does not cancel the Motor Vehicle Division (MVD) Administrative Revocation Hearing regarding your driving privileges. Failure to demand the hearing in a timely manner (WITHIN TEN DAYS OF THE DUI INCIDENT) will result in an automatic revocation of your driving privileges. Regardless of the charges against you being dismissed, you ONLY have TEN DAYS to submit a written request for your MVD hearing along with a money order for $25.
Schedule Your Free Case Strategy Session with Us Today
Our firm takes an aggressive approach against illegal, unfounded, and unjust DUI cases. Marc A. Grano, our founder and criminal defense attorney, has helped hundreds of people get out of their charges by dedicating a significant portion of our practice to DUI defense strategies, additional training, advanced credentials, and client-side investigatory resources. We also have garnered favorable case results and client testimonials to support our approach toward client satisfaction for over two decades.
Commit to defending your DUI charges now by scheduling a Free Case Strategy Session with Marc today at (505) 426-8711 or message him privately and directly online. If you hire our firm to represent your case, we offer in-person and remote visits to make your experience with us as convenient as possible.
