Legal Question in Civil Rights Law in New Mexico

dui civil case

I have a public defender for my criminal case. In the matter of the civil case, I had missed my MVD hearing because I was not aware of the court date. The decision in my MVD hearing came back to have my license revoked and I would have to have an interlock put in my car in order to drive. My public defenders office said they would be able to help me get my interlock put in but my concern is: I went to the district court house and filed an appeal to set up another court date. They were really rude and gave me no direction on what actions to take next. I have an appeal filed but I have no idea where to go from there. My interlock was supposed to be installed yesterday so if I get caught driving I go straight to jail. I would really appreciate if someone could help me get going on this appeal.


Asked on 5/21/09, 2:05 pm

1 Answer from Attorneys
Dennis W. Montoya The Law Offices of Dennis W. Montoya

Re: dui civil case

The filing of your appeal does not forestall your obligation to have the Interlock installed. Go to the library and study Rule 74 of the New Mexico Rules of Civil Procedure about your "next steps" on your court appeal from the MVD decision.

Take a look at the New Mexico Statutes, NMSA 1978, Section 66-8-112 (H), which states:

H. A person adversely affected by an order of the [Motor Vehicles] department may seek review within thirty days in the district court in the county in which the offense for which the person was arrested took place. The district court, upon thirty days' written notice to the department, shall hear the case. On review, it is for the court to determine only whether reasonable grounds exist for revocation or denial of the person's license or privilege to drive based on the record of the administrative proceeding.

Rule 74 of the Rules of Civil Procedure for the District Courts, which I mentioned earlier, governs appeals to district court from the decisions of administrative bodies.

These are all available at any public library.

Good luck.

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Answered on 5/30/09, 11:14 am


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