Legal Question in Traffic Law in New Mexico

What is a pre-trial?

Will I get to talk to the judge about my case, and possibly get judgment then and there?

Do I need a lawyer for the pre-trial?

I had a traffic violation in Santa Fe, NM for 12-6-12.4 Careless Driving. It was an honest mistake and I have a clean 20 years+ driving record, but there is a threat of jailtime if found guilty. I plead 'not guilty' at arraignment b/c of this, but willing to plead 'no contest' if it just ends this w/o jail. I'm scared of what can happen. & appreciate your help.


Asked on 10/23/14, 9:56 am

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

The outcome of your case is impossible to predict, but jail time is not ordinarily imposed with a record such as you recite unless someone was injured. You must attend the pretrial, and you should ask at that time if Traffic/Driving School Classes are an alternative in your court. If so, you can avoid points/convictions on your record, and also avoid an increase in your insurance premiums. Generally no plea is required for traffic/driving school, and the charges are dismissed if you successfully complete the course. The course costs money, if available.

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Answered on 12/07/14, 12:52 pm


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