Traffic Offenses
If you have been cited for a traffic violation in Albuquerque, New Mexico, or its surrounding areas, call our office today at 505-420-1826 to speak with our legal assistant about setting up a case consultation with our attorney to learn more about your charges and to discuss your options going forward. Case consultations are $ 75.00 for up to a thirty (30) minute telephonic or in-person case consultation. This fee will be applied to the total cost of your case if you decide to move forward with representation with our office.
Potential Consequences:
Several direct and collateral consequences could arise from pleading guilty to your citation(s) or by being found guilty at trial. Depending on your prior driving history and the traffic violations you are currently being accused of, a conviction by plea or by trial could lead to, but is not limited to: (1). Increased insurance premiums by up to 17% or more for several years (usually up to 5 years depending on your policy) or cancellation of your insurance policy altogether; (2). Large fines; (3). License suspension or revocation; (4). The requirement to complete mandatory driver improvement and/or safety courses such as an aggressive driver's school; (5). The requirement to complete community service hours; (6). Employment restrictions or termination; (7). Incarceration in county jail. Take advantage of an initial case consultation with Mitchell Law Offices LLC today to learn more about potential consequences and how you can avoid the aforementioned consequences stemming from your traffic violation allegation.
If you are convicted of a traffic violation in the criminal courts, depending on the circumstances, you may be risking suspension of your driver's license through the MVD in addition to any penalties that may be imposed in the criminal courts. If you plead guilty to your traffic offense or are found guilty after a traffic trial in the criminal courts, New Mexico State law requires that the court forward the abstract of record on your citation(s) to the Driver's Services Bureau of the MVD within ten (10) days of final action on your case in court. An abstract of record is a document which provides information to the MVD regarding the traffic offense charged, the traffic offense pled to or found guilty to, the plea or finding by the court of the charge after trial (guilty or not guilty), and the sentence imposed. Once the MVD obtains the abstract from the court, it will then take action and impose the applicable number of points against your driving record, if any.
One thing about traffic citations that we at Mitchell Law Offices LLC find important to inform the public of is with respect to New Mexico's Penalty Assessment Program. This program has designated certain traffic offenses as offenses that do not ultimately require court appearance. On a penalty assessment traffic charge, the officer issuing your citation is required by law to offer the alleged violator the option of accepting the a penalty assessment. This option is provided to you by the citing officer while on the roadside so sometimes, in the heat of the moment, individuals may not be fully aware of what they are agreeing to. Beware that by signing the citation and accepting the penalty assessment, you are pleading guilty to the traffic offense. If this happens, it is very likely that you will be unable to change your mind at a later date and successfully contest your citation in court.
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Whether your license will be suspended or revoked as a result of being found guilty of a traffic violation in court depends on the number of points you've accumulated on your driving record within the last year.
Six Points:
If you've accumulated six (6) points within the last year, you may receive a warning letter from the MVD that outlines the penalties that may be imposed if any future traffic violations result in a conviction.
Seven Points:
If you've accumulated seven (7) points against your driving record within the last year, your license may be suspended for a period of up to three (3) months.
Twelve Points:
If you've accumulated twelve (12) points against your driving record within the last year, your license may be suspended for a period of twelve (12) months.
Not all traffic violation convictions result in a point assessment by the MVD, but many do. The amount of points assessed against your license upon a conviction for a traffic violation varies by charge. Below is a non-exhaustive example of traffic charges and the amount of points that will be imposed by the MVD against your driver's license upon receiving an abstract of record by the court reflecting a finding of guilt by plea or trial:
(1). Seatbelt Violation - 2 points;
(2). Failure to Signal - 2 points;
(3). Speeding (6-15 MPH over) - 3 points;
(4). Improper Turn or Passing - 3 points;
(5). Following too Closely - 3 points;
(6). Failure to Yield - 3 points;
(7). Careless Driving - 3 points;
(8). Speeding (16-25 MPH over) - 5 points;
(9). Racing - 6 points;
(10). Reckless Driving - 6 points;
(11). Speeding (26 + over) - 8 points.
How We Can Help:
Traffic violations may seem like a minor offense and perhaps nothing to worry about, but what you may not know is that a conviction on a traffic offense can potentially lead to long-term consequences depending on the circumstances. One unique aspect of New Mexico is that traffic offenses are officer prosecuted in the criminal courts, meaning that the officer who issued your traffic citation is the officer who will prosecute you! Therefore, without a trained attorney to aid in your defense, trying to negotiate on your own behalf with the prosecuting officer to obtain a favorable result in your case may be intimidating, confusing, and potentially detrimental.
Without a skilled attorney to advocate on your behalf, the officer who issued your citation may not be as likely to engage with you in productive and beneficial negotiations towards a favorable resolution in your case. Or, if the officer does engage in negotiations with you, you may not fully understand what the agreement you are entering into is and how it could affect you. As a practicing attorney, I can't tell you how many times I've seen somebody acting on their own behalf accept a traffic plea that has made me cringe. Don't let your citation turn into a conviction or a headache. As your attorney, Mitchell Law Offices LLC pledges to work tirelessly to ensure that any potential consequences you are facing as a result of your traffic violation are mitigated or avoided altogether.
Mitchell Law Offices LLC obtains favorable results for its clients by: (1). Contesting traffic citations in court; (2). Negotiating with the prosecuting officer on your behalf to reduce any potential penalties through a favorable plea resolution in court (including potential resolutions that avoid points being imposed against your driver's license by the MVD); (3). Advocating on your behalf for the dismissal of charges depending on the circumstances of your case; (4). Reducing potential court fines and fees; (5.) Avoiding the imposition of potential jail time; (6). Advocating for an adjudication that will result in am ultimate dismissal, such as arguing for a deferred sentence or pre-prosecution diversion at sentencing if you are found guilty of your offense; (7). Holding the state or city accountable to applicable court procedures, statutory rules, and constitutional restrictions throughout the pendency of your case; (8). And, in the event your case goes to trial, Mitchell Law Offices LLC will aggressively litigate your case on your behalf.