Legal Question in Traffic Law in New Mexico

Illegal Traffic Citation/Summons to Court?

On May4, I was driving our pickup, towing our car on a car dolly on I-10, E.of Deming, NM. (My husband was ahead of me, towing our Fifth Wheel.) It appears there was an equipment failure on the car dolly or a flat tire on the car and the car began to sway and I lost control of the unit and veered across into the passing lane and sideways into the median and turned over. There were no other vehicles present on the road, so this was a single vehicle accident. I was not hurt. The police arrived and I was able to provide them with all the documents they requested. They stayed about an hour and there was no mention of a citation or that I had broken the law. Two weeks later, I recieved a Traffic Citation stating a violation of 66-7-317 (crossing a lane of traffic). Attached to this Citation is a ''Criminal Summons'' stating that I must appear in Court on July 12,'04. There are no other options listed except for me to appear in court. If I don't it says there will be a warrant issued for my arrest. I am in CA. now and this will necessitate a trip back to NM. I feel my rights have been violated and I don't understand how they can cite me after the accident. Do I need representation by an Attorney?


Asked on 6/01/04, 12:10 pm

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

Re: Illegal Traffic Citation/Summons to Court?

They evidently determined, later, from your statements and the physical evidence that you had somehow violated the statute. That does not make it so. You have the right to explain your actions in a trial, and to be found guilty or not guilty by a court, not a police officer. The best scenario is that you return to appear and defend youself. Failing that, you could hire an attorney to appear for you, although somewhat less desireable. Your only other option is to plead "guilty" and pay the fine and incur the conviction on your driving record.

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Answered on 6/01/04, 12:22 pm


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