Legal Question in Legal Malpractice in New Mexico

D.A. office case aggrivated dwi. Case to get dissmissed due to their negligence.

I have a question about an Aggravated DWI which just got dropped because the A.D.A dropped the ball on their end resulting in ''Suppression of evidence'' and the case was dismissed. I feel that because of the way the case was handled, the drunk driver who nearly killed my wife goes free without any thing on his record and next time, he may actually kill someone and it will be 1st offense! My problem with this is that if the D.A office had done their job before, everything would be fine. Instead the first court hearing was scheduled 5 months after the charges were brought against the other guy, then the judge called in sick so the hearing was scheduled for the 181st day. The first hearing was after the 180 statute of limitations and because the D.A. did not allow the defense attorney access to evidence and witnesses, he requested all evidence be suppressed and the case dismissed. That was a pretty slick trick on the Defense side. Is there any thing I can do against the state? Everyone I talk to about it cringes and says no. Are they just intimidated by the thought of taking on the government? (Is there any recourse I have?)


Asked on 3/18/03, 12:06 am

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

Re: D.A. office case aggrivated dwi. Case to get dissmissed due to their neglige

There was no 'slick trick' involved. The failure of the State to provide discovery will result in dismissal in nearly every case, it is that important. When the State's evidence is suppressed, the case cannot be tried and is dismissed. The only remedy is an appeal by the State to the next higher court. If the appeal time has run, there is nothing more which can be done in this case.

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Answered on 3/18/03, 8:38 am


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