Legal Question in Traffic Law in New Mexico

My son was detained an extra day by tribal officials and has missed his court date he had in metro court for driving without a license and window tint too dark. He is a juvenile and now has a warrant. What can we do if he was not at fault? He was suppose to be release the day before his hearing, but a tribal official had faxed over a letter to the holding facility to hold him there an extra day. Come to find out the doc was signed as if he were the judge. the person doing this held my son an extra day and the that person is not even a judge. can my son get a second chance with metro court? how do I go about explaining to judge? unsure what to do and where to start.


Asked on 3/09/11, 6:12 pm

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

Call the judge's secretary. Ask for a time when your son can "walk in" to take care of the warrant. Go with him. Have him explain the reason he missed his court date. Usually the judge will dismiss the warrant if s/he finds the explanation reasonable. Have him prepared to take care of the Metro charges at the same time. Chances are he will be given a warning and have to pay court costs and possibly a fine. Act promptly. The more time which passes the worse off you will be.

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Answered on 3/10/11, 10:15 am


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