Henry de la Garza:
IT IS
IMPORTANT THAT YOU DO NOT DELAY IN BEING MADE AWARE OF YOUR RIGHTS SO
THAT THEY ARE PROTECTED.
Your main concern
(other than potential jail time and fines) is how much representation may
cost? Each case is different with each matter having a unique set of
issues and facts. After evaluating your case I will quote you a fee for my
representation. I do have a payment plan if you are unable to pay
the retainer in full. Credit card payments are also
accepted for your convenience. I will provide a free initial
consultation evaluating your case, discussing the strengths and weaknesses
and answer any of your questions.
ANSWERS TO FREQUENTLY
ASKED QUESTIONS REGARDING DWI’S:
1. You only have 10 days
from the date you received your Notice of Revocation to send a request for
hearing, along with payment to the Motor Vehicle Division (MVD) in Santa
Fe, otherwise you will lose your driving privileges and become revoked for
a minimum of 6 months or longer. You should immediately obtain a new
driver’s license from MVD, do not get an identification card
because this will invalidate your temporary driving privileges. You may
continue to drive if you have properly requested a hearing (request for
hearing with the appropriate fee) and if no other impediments exist
suspending your driving privileges through MVD. If you have not
requested a hearing within 10 days then you only have twenty days of
temporary driving privileges before your license becomes revoked. Your
ability to drive will be subject to any conditions the court may impose
(Ignition Interlock). An MVD hearing must be held within 90 days of the
date on the Notice of Revocation you received; a decision will be made by
MVD regarding whether or not you license will be revoked or not.
Commercial Driver’s Licenses (CDL’s) and minors (under 21 years of age)
essentially have the same above noted requirements. HOWEVER different
statutory levels for Breath Alcohol Content (BAC) exist (for MVD purposes)
and notice requirement for the CDL to employers. I will provide you more
information at your consultation.
2. You have a statutory right to
disqualify the judge assigned to your case, subject to a
time deadline. Different judges have different judicial
philosophies on criminal matters; you need to make sure your rights are
protected by consulting with an attorney as to your assigned judge’s
outlook and perspective.
3. You can waive your Arraignment
and plead not guilty if a proper waiver, signed and understood by you is
accepted and filed with the court, without your having to go to
court.
4.
You can waive your appearance at various hearings if a
proper waiver, signed and understood by you is accepted and filed with the
court.
5. The State has approximately 6 months (182 days) from the date of your arraignment or the filing of a Waiver of Arraignment to prosecute your case if the court
has granted no extensions of time and if you cause no delays or
continuances your case will be dismissed with prejudice.
6. Some DWI’s are called
“Aggravated DWI” this is because your breath score was at or above .16,
you refused to take a breath test or you were involved in an accident
which caused injuries while under suspicion of driving under the
influence. The court may impose minimum mandatory jail time because of
the aggravated portion of the charge you are facing.