Legal Question in DUI Law in New Mexico

I received a deferred sentence for a 1st time DUI in New Mexico. I had no prior criminal history. The plea enrolled me into a 1st time offense type program in which I have completed all requirements. I am on unsupervised probation. I do not have to check in or report, etc. I feel as if i have been an exemplary probationer. Even after completing everything I continue to volunteer in my community, and even without requirement sought evaluation from two different licensed alcohol counselors. It has been 7 months since taking my plea and I have 5 more months left on my deferred sentence. I want to file a motion to the judge asking to terminate this deferred sentence early and was wondering on the wording to use! I think the law states that deferred sentences can be for up to a year so I assume its up to the judges discretion.

Asked on 1/06/13, 3:07 pm

1 Answer from Attorneys

Simon A. Kubiak Simon A. Kubiak, Attorney at Law, P.C.

The First Time Offender Program requires 364 days of probation, supervised or not. I do not believe you would be successful in asking the court to accelerate this time.

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Answered on 6/02/14, 3:20 pm

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