Legal Question in Traffic Law in New Mexico

In NM can you ask to see the radar, if the cop says he clocked you? And what happens if he will not show you?

Asked on 4/15/12, 9:23 pm

1 Answer from Attorneys

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

Nearly all NM State Police officers will permit viewing of the radar read-out if they intend to issue a citation. Some, but not all, have units which will print out a ticket showing the registered speed of the subject car. If neither of these options is extended for some reason, then a citation can be contested in court, and if the officer says you were speeding and you say you were not, there is a strong argument that you cannot be convicted because the evidence is equal, and the law requires a preponderance of evidence of guilt in order to convict. When it comes to local law enforcement, there are no standards. Local cops tend to do whatever they want to. In almost all situations the driver's attitude is critical in what happens during a traffic stop.

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Answered on 4/16/12, 6:49 am

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