DWI case involving crash into two police vehicles and evading an officer
Table of Contents
Case Description
Client charged with aggravated DWI, reckless driving, and evading after crashing BMW SUV into two police vehicles during crash investigation on I-40, totaling all three vehicles.
Legal Strategy
The facts of this case were horrendous, so we need to defend it on procedure. We asked for an extensive list of documents, which the DAs were not able to fully provide. That led us into court-ordered interviews with the officers; 2 of the officers were not able to make the subpoenaed interviews, and their testimony was stricken. That led us to question the entire initial encounter (the reasonable suspicion for the stop), and without those officers, they weren't able to meet their burden.
Challenges
The client was having a marital spat with his wife and was drinking. The client left the house and was driving on I-40. Up ahead of him on the road was a crash investigation, and multiple police vehicles were on the scene, with emergency lights fully engaged. The client did not change lanes or slow down, but went directly into two police vehicles. The client got out of the car and tried to run from the police. When he was apprehended, he was yelling profanities at the officers, admitted to drinking 8 Heinekens, and was slurring most of his words.
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Resolution
Even though he totaled 3 vehicles (his own + two police units), the client's case was dismissed entirely with nothing hitting his record.
Charged With Aggravated DWI or Reckless Driving in New Mexico?
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