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Articles Posted in Drunk Drivers

By bringing a motion in limine a party to litigation can request, outside of the presence of the jury, that certain evidence be included or excluded at trial.  In a recent personal injury case, the plaintiffs won a motion in limine filed with the United States District Court for the District of New Mexico.

In this recent case, the plaintiffs were seeking the exclusion of evidence concerning alleged consumption of nine to twelve light beers by the plaintiff who was driving the car that got into the accident at issue in the litigation.  One person was killed in that accident and others were injured.  The plaintiffs’ theory of the case was that the accident was caused by the blow-out of a left rear tire, and that it was not relevant that the plaintiff who had been driving the F-350 at the time of the accident.

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The Albuquerque Journal ran an article recently about the outcome of courtroom monitoring in New Mexico drunk driving cases, which led to reporting to the New Mexico Department of Transportation (NMDOT).  The monitoring of 1,106 cases across six New Mexico counties was part of an initiative by Mothers Against Drunk Driving (MADD).  The initiative has resulted in Governor Martinez announcing that the NMDOT will be providing grants in the amounts of $300,000 to the District Attorney’s Office in Bernalillo County and $100,000 to the McKinley County District Attorney’s Office to help fund prosecution efforts against people who drive while intoxicated.  The hope is that additional funding will allow the District Attorneys’ Offices to hire more support staff to help gather evidence, conduct pretrial witness interviews, and coordinate with law enforcement to identify offenders for criminal prosecution and move the cases through the criminal justice system.

The grants were brought about in part because of the rates of dismissals of DWI charges in the six New Mexico counties monitored as part of the MADD initiative:

McKinley County: 48%

Drinking while intoxicated by alcohol reduces the ability of a driver to control a moving vehicle and judge distances, speeds, and movements of other vehicles on the road.

Under New Mexico’s DWI laws, it is illegal for drivers who are 21 years old and older to drive with a breath or blood alcohol concentration of 0.08 or more. The limit is 0.02 for drivers under 21 years of age and 0.04 for drivers of commercial vehicles.  Drivers whose breath or blood tests show they are driving with alcohol levels in their bodies above the legal limit, or drivers who refuse to take a breath or blood test, can lose their licenses to drive, in most cases for a period of over one year.  In New Mexico, a person can also be convicted of DWI in instances in which breath or blood tests show alcohol levels below the legal limit, but the ability to drive is impaired by drugs or alcohol.  People driving while intoxicated also risk heavy fines, increased insurance rates, and jail sentences.  Still, unfortunately, people drink and drive, causing many New Mexico drunk driving accidents.

A program at the Department of Transportation has resulted in a new free smartphone app called Zero Proof to offer children tips on how to avoid underage drinking and handle drunk people whom they encounter.