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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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if I have a first offense aggravated dui charge in nm, what

Resolved Question:

if I have a first offense aggravated dui charge in nm, what are the chances of plea bargaining "away" the aggravated portion. And if I can have it plea bargained "away" will I have to serve time in jail?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Samuel II replied 4 years ago.

Samuel-II :

Hi

Samuel-II :

With the proper local legal representation, you could have it pled down.

Samuel-II :

A first offense is a misdemeanor and carries these possible penalities

Samuel-II :
  • several hundred dollars in fines and fees;

  • at least 48 hours jail for an Aggravated DWI;

  • 24 hours of community service;

  • one year license revocation;

  • Ignition interlock device (IID) for one year.
  • Samuel-II :

    But if you can get it down to a DWI, the jail time could be suspended.

    Samuel-II :

    If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you

    Customer:

    I do have further questions...my "aggravated" is because I refused the blood test. I admitted to taking one prescription valium an hour earlier and "failed" the filed sobriety test. When the officer asked if I would take the blood test, I asked if I could speak to an attorney. He said, "no". So I answered, "I was petrified and did not want to take the test". What grounds would my attorney need to plea down the DUI? And, would he have to do so at both he MVD and Criminal hearing. What circumstances make a plea successful.

    Samuel-II :

    Well, of course, every attorney has their own way of doing things and negoiating plea agreements

    Samuel-II :

    So I really cannot be very specific as to what your attorney will do.

    Samuel-II :

    But if you did not take the blood test, then it is only your word on the valium

    Samuel-II :

    The thing is you would still lose your license because you cannot refuse a test

    Samuel-II :

    But if you were under arrest, the officer should have allowed you to talk to an attorney before making the decision not to test

    Samuel-II :

    So that is an angle the attorney might use

    Customer:

    would the plea have to be entered at the MVD and Criminal Hearing? I have been told that in NM you do not have the right to speak to an attorney before taking a test. Perhaps I was not officially under arrest when he asked me to take the test? Does it help that it is my first offense in terms of a plea? Do you try DUI cases?

    Customer:

    Also, I was told I can definitely have an interlock device installed and not lose my driving privileges. Is this true?

    Samuel-II :

    Hi

    Samuel-II :

    If you get the interlock then your priviledges can stay in place. It is all part of negoiating the charge. Everything comes into play. If you were not formally under arrest, you would not have been in a situation to be tested. So, I would suggest that once you were arrested and requested an attorney to consult with it should have been allowed.

    Samuel-II :

    But that is something your attorney will need to figure out. At what point were you arrested and no longer free to roam the country so to speak.

    Samuel-II :

    Yes, I have handled may DUI/DWI cases.

    Samuel-II :

    However, JA experts may not represent JA customers as per the JA Terms of Service.

    Customer:

    Last question, is it possible to request a video from the jail facility? Do they tape you there. I was very coherent and had a conversation with the nurse that took my vitals that I would like admitted.

    Samuel-II :

    You may certainly request any and all videos that may pertain to you

    Samuel-II :

    Your attorney may have those subpoenaed

    Samuel-II :

    Also

    Samuel-II :

    the MVA hearing and the criminal hearing are separate and apart. The MVA is a civil hearing

    Samuel-II :

    And yes, each is negoitable.

    Samuel-II :

    If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you

    Customer:

    I will accept after this response...Do they normally tape at the jail facility? And will help a plea request at all that this was my first offense? Thank you.

    Customer:

    Sorry, just a few more questions..then that is it, I promise. How often does the DA subpoena people? For example, I told the officer I had just dropped a friend off at her hotel. Would they like subpoena that person. How in-depth does the DA tend to research? (I know that is a vague and difficult question to answer). I was texting when pulled over and told the officer he looked at my phone and recorded the time in the report, is the DA likely to subpoena my text messages from the phone company and, last, would they likely try to verify the time I say I left work? I am arguing sleep deprivation because I was up for over 18 hours. I also have an expert witness. My Psychiatrist is testifying that I take valium for severe anxiety and that the dosage would not affect my performance and I was taking the recommended dosage (which can be proved based on when the prescription was given and what was left in the bottle). Will this be helpful?

    Customer:

    How am I charged for this? The time used? The number of questions asked? and how do I find my out my final charge...or does it remain the $34?

    Samuel-II :

    I cannot help you with the finances. I am only a legal expert answering questions.

    Customer:

    OK that's fine...can you please respond to my last questions?

    Samuel-II :

    The DA will request witnesses as necessary.

    Samuel-II :

    In these type of cases, it is usually a plea taken and not trial

    Samuel-II :

    So, it is rare

    Samuel-II :

    If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you


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