Legal Question in Criminal Law in New Mexico
do they drug test at prelim hearings in New Mexico? not arrested for a drug or violent offence
Asked on 9/07/09, 11:31 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
No. Law enforcement may not legally drug-test unless there is probable cause to do so, such as suspected DWI. After conviction for a crime, if on probation, drug testing is mandatory whether the underlying crime was a drug offense or not.
Answered on 9/13/09, 11:26 am
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