Legal Question in DUI Law in New Mexico

I was arrested for DUI on 7/21/10 in Rio Rancho NM. I blew 0.00 and supplied blood sample for a prescribed medication, bonded for $500 that day and as of today 1/24/11 have yet to have a court date. Has the statute of limitattions elapsed or am I still liable for a trial and potential penalties?

Asked on 1/24/11, 9:23 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

If there has in fact been no activity, and the judge has not granted an extension of trial time to the state, then you may be eligible to have your case dismissed. It would take a complete examination of the court file to make a definitive decision. At this time, however, your best advice is to do nothing, say nothing, and go about your business. The more time which passes the better your chances to ultimately have the case dismissed. This presupposes that you were available at all times for trial had you been sent a notice of trial, and that the court has your proper address and that has not changed since July of 2010.

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Answered on 1/27/11, 3:59 pm

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