Blog Posts in 2010
Posted on Dec 8, 2010 By The Romero Law Firm P.A.
Are the breath-alcohol testing machines used by law enforcement officers reliable? The answer, admittedly, is: sometimes. Scary isn't it? First of all, most law enforcement officers will admit ...
Continue reading "DWI: Breath-Alcohol Tests" »
Posted on Oct 21, 2010 By The Romero Law Firm, P.A.
Pursuant to New Mexico law, a driver, merely by being licensed to drive in this state, implies his/her consent to submit to a breath test, a blood test, or both upon reasonable request from a law ...
Continue reading "DWI: Breath or Blood" »
Posted on Oct 12, 2010 By The Romero Law Firm, P.A.
The New Mexico Judicial Performance Evaluation Commission (JPEC)has completed its evaluations of New Mexico's judges recently. The commission compiles data and composes a grid that displays their ...
Continue reading "Judicial Performance Evaluations" »
Posted on Oct 10, 2010 By The Romero Law Firm, P.A.
The S.I.D. (Special Investigations Division) Agents were working overtime at the tailgating scene in Las Cruces, New Mexico this weekend. I was tailgating with family and friends there prior to the ...
Continue reading "S.I.D.: Sorry, Impossible Demeanor" »
Posted on Oct 6, 2010 By Roman R. Romero
The U.S. Congress Judiciary Committee is holding hearings on over-criminalization. One of the focal cases involves a man named Abner Shoenwetter. He was a seafood broker that was convicted of buying ...
Continue reading "Nope. It's Against the Law" »
Posted on Sep 28, 2010 By Roman R. Romero
In a recent New Mexico Supreme Court decision, the Court held that a stand-in can lay an adequate foundation to permit the admission of evidence that they had no first-hand information about. It was a ...
Continue reading "DWI: Who Can Testify About What?" »
Posted on Sep 16, 2010 By Roman R. Romero
In the ever seemingly distant past, the Court of Appeals was asked to decide whether a charge of "DWI" on a criminal complaint amounted to sufficient notice for the charge of driving while ...
Continue reading "DWI: Sufficiency of Complaints" »
Posted on Aug 11, 2010 By Roman R. Romero
In New Mexico, some statutes require criminal defendants to spend mandatory time in jail upon being convicted of certain crimes. Driving while under the influence is one such crime if the case ...
Continue reading "Mandatory jail time does not mean mandatory jail time" »
Posted on Jul 7, 2010 By Roman R. Romero
Many stops are perfected by police officers for drivers failing to maintain their lanes of travel. I have to say that about a third of the driving while intoxicated (DWI) cases I see start with a ...
Continue reading "Using cellular telephones while driving" »
Posted on Jun 29, 2010 By Roman R. Romero
Possession with intent to distribute illegal narcotics cases filed in New Mexico seem to be on the rise recently. The manner within which the narcotics are possessed, transferred or used has been, and ...
Continue reading "Sale of Illegal Narcotics" »
Posted on Jun 14, 2010 By Roman R. Romero
I have posted on this issue before, and there is finally some clarity on the issue. The Supreme Court finally decided the Sims case. Now, driving while under the influence of alcohol has to involve ...
Continue reading "DWI: Driving...what exaclty is it?" »
Posted on May 29, 2010 By Roman R. Romero
According to the new law in Arizona that comes into effect soon, if people are suspected of being illegally present in the United States, people in Arizona are subject to police interrogation. If the ...
Continue reading "Arizona's New Law" »
Posted on Mar 9, 2010 By Roman R. Romero
The legislative session came and went. Then, it came and went again (the special session caused the second coming). The proposal to order mandatory jail time for a first offense DWI was ultimately ...
Continue reading "DWI: Mandatory jail time" »
Posted on Jan 10, 2010 By Roman R. Romero
Governor Richardson recently let it be known that he'll seek to change existing law to make those convicted of DWI, driving while under the influence (first offense), face mandatory jail time. ...
Continue reading "DWI: Mandatory jail for a first offense?" »