Legal Question in DUI Law in New Mexico

Dismissal

What are the chances of a DUI charge be dismissed, if a case is made disputing the breathalizer results due to a malfunctioning machine? Does prosecutor have a 3mo. limit to pursue prosecution? Thank You


Asked on 9/27/06, 7:26 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Dismissal

You seem to be asking a question about the dwi law of New Mexico. I would expect that New Mexico is similar to New Jersey in making proof

that the breathalyzer maching was property maintained and operated when the subject tests were done. Of course, if you defeat the machine

readings your chances of winning a dwi case are

much greater.

You should call me if I misunderstood your question.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 9/27/06, 7:36 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Dismissal

If the tests get thrown out, their case is going to be real tough. I suggest you get a good attorney and get the case thrown out. Don't get hung up on time limits and stuff like that. Its not going to fly without an attorney.

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Answered on 9/27/06, 7:50 pm


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