Legal Question in Traffic Law in New Mexico

I have been cited for failure to wear a seat belt in New Mexico (66-7-372 -FAILURE TO USE SAFETY BELTS). I wish to request discovery of the tape recordings of the officers involved during the traffic stop, as it will show that they were not being honest with me. Who do I need to request discovery from? and is there a particular format to use? I will be going to magistrate court for this issue. I do feel that the effort is worth my time and energy, but unsure of how to proceed. The issuing agency was the New Mexico State Police. Thanks for your help!


Asked on 9/12/10, 8:07 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The rules of criminal procedure in magistrate courts in NM provide for discovery at the discretion of the magistrate. Not wearing a seatbelt, however, is a non-intent crime. Either you were, or you weren't. If you weren't, then anything the cop said or did is irrelevant. Like a speeding ticket. If you were exceeding the speed limit, then you are guilty regardless of what the officer did or did not say.

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Answered on 9/23/10, 5:32 pm


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