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I received a careless driving citation. I appear in court in

Customer Question
a week. What will happen...
I received a careless driving citation. I appear in court in a week. What will happen. Will I have a criminal record?
Submitted: 4 months ago.Category: Traffic Law
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7/21/2017
Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 4 months ago
Zoey, JD
Zoey, JD, Criminal Defense Attorney
Category: Traffic Law
Satisfied Customers: 28,129
Experience: 18+ years of high-volume criminal defense work from arraignment through plea or trial.
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Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 4 months ago
This happened in New Mexico. It is my first citation. I was passing traffic on the right at excessive speed.
Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 4 months ago

Careless driving, unlike most of New Mexico's traffic offenses, is a misdemeanor rather than just a penalty assessment. So, yes, a conviction for careless driving can get you up to 90 days in jail, along with 3 points and a fine, and it will appear on your criminal record.

For that reason, you should have a criminal lawyer to represent you on your case if you're concerned about your record. He may be able to work out something with the prosecutor so that the case can be reduced to a penalty assessment. Failing that, there are other possibilities that could allow you to come out of this without a criminal conviction.

If you can afford to retain counsel, have a lawyer with you on your court date. If you cannot afford a lawyer, plead not guilty when you're arraigned on the charges and ask the court to appoint you a public defender.

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Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 4 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Zoey, JD
Zoey, JD
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