Appeals Court Overturns New Mexico DWI

Court rules driver did not attempt to avoid N.M. DWI checkpoint.

In November 2005 Nicole Anaya was arrested for drunk driving in New Mexico after police felt she had made an illegal u-turn before reaching a DWI checkpoint. The appeals court said that the law enforcement officers did not have reasonable suspicion to stop Anaya, as the turn was made in sight of but outside of the checkpoint zone established by police. In its decision the court said, “There is no statute that prohibits a driver from evading a checkpoint.”

The state’s lawyers argued that reasonable suspicion did not apply, as police were instructed to stop vehicles trying to avoid the checkpoint. However that directive did not follow checkpoint guidelines established in a 1987 legal ruling.

Anaya pleaded guilty to driving while intoxicated in New Mexico in early 2006, though she and her DWI defense attorney reserved the right to appeal on the case on the grounds that the initial traffic stop was illegal.

The attorney’s general’s office has indicated that the appellate court ruling is under review, and that an appeal to the New Mexico Supreme Court may be made.

If you have been arrested drunk driving in New Mexico, you will need to hire a DWI lawyer in New Mexico.