Legal Question in Traffic Law in New Mexico

Acident citations and a lawyer

My son was involved in an accident where he hit a vehicle from behind, hit a tree,crossed three lanes of traffic then proceeded for a distance before stopping. He was given 3 citations: leaving the scene of an accident, failing to keep proper look-out, and failing to render aid. He was booked into jail that same day and was given a court date to address the citations. My son says he blacked out and has no recollection of what transpired. When he finally stopped, all he knew was that he had hit a tree (because he saw leaves and small branches on the roof. There were no drugs or alcohol. He was hungry and had had a full day. He did have allergy meds. that morning. The accident occurred 9 hrs later.I took him to the Dr. the next morning. Dr. feels he had a hypoglycemic episode. Our insurance is paying for the girl's car and medical expences.She did not need an ambulance. My son's car was totaled. My question is, ''Do we need a lawyer to represent my son at the court arrainment and can he plead guilty to failing to keep a proper look-out but not guilty to the other two charges due to his health issue? Please advise.


Asked on 9/25/02, 1:33 pm

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

Re: Acident citations and a lawyer

Leaving the scene and failure to render aid are serious traffic citations in NM. One's inability to remember the collision is not a legal defense to these charges. Your son is free to enter such pleas as he thinks are appropriate, but I would certainly consult a lawyer experienced in such cases before taking any action one could later regret. There are many things which can be done short of pleading guilty without an understanding with the prosecutor or law officer involved. He has substantial rights at stake - a consultation with legal counsel will be money well spent. A guilty plea to a criminal charge can be used against a defendant as an admission in a subsequent civil case for damages. Not a good thing to do unknowingly.

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Answered on 9/25/02, 3:46 pm


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