We have all seen the commercials on TV, advising us that if we were hurt in an accident in New Mexico, we should call a personal injury attorney. While they may seem corny, the advice is right on target. Any time you are a victim of someone else’s negligence, it is always a good idea to consult with a personal injury lawyer. Even if you are unsure you want to sue, a personal injury lawyer can help protect your rights. None of us is immune from making poor choices in life. When those decisions lead to the pain and suffering of others, we need to be held accountable. A personal injury lawyer can help.

What is a personal injury in Albuquerque?

Several kinds of personal injuries may require the representation of a skilled personal injury attorney in New Mexico.

1. Motor vehicle accidents
   Most personal injury claims in Albuquerque involve motor vehicle accidents. New Mexico is ranked one of the top three worst states for traffic accidents. Many of these accidents caused personal injury, temporary or permanent disability, and death. If you are the victim of another driver’s negligence or a surviving family member of a victim, you have the right to sue the liable party for compensation and other damages.
2. Medical malpractice
   Medical professionals are sometimes negligent in the care of their patients. When healthcare practitioners make poor choices, it can leave their patients temporarily or permanently disabled. Medical malpractice is complicated and requires the skill and experience of the best personal injury attorney in New Mexico. Bill Russell is one of the top lawyers in Albuquerque, specializing in personal injury law. He understands the ins and outs of medical malpractice and can help you achieve the best possible outcome in your medical malpractice case.
3. Workplace accidents
   Getting hurt on the job is one of the biggest fears of most people. If you are the primary wage earner in your family, it can be frightening to think about how you would pay the bills if you could not work. Most workers who are injured on the job qualify for worker’s compensation. Sometimes worker’s compensation is not adequate for covering monthly living expenses, plus any medical bills you have incurred from the injury. When this happens, it is appropriate to consult with a personal injury attorney in Albuquerque to find out if you can recover any additional damages.
4. Product liability
   Most of us do not think about our favorite product causing us the kind of injury that can leave us temporary or permanently disabled. Unfortunately, it can and does happen. Design defects, manufacturing defects, and failure-to-warn defects are three types of product liability claims under New Mexico law. Design defects cover a flaw in a product’s design that leads to injury during normal use. Manufacturing defects involve an error in the product that makes it dangerous for normal use by a consumer. Failure-to-warn defects are the most serious kind of product liability and presume a company was aware of a defect and sold it to consumers anyway.
5. Premises liability
   When a property owner fails in their duty to keep their property reasonably safe for visitors, they can be held liable for any injuries or deaths that occur. New Mexico law places sole responsibility on property owners to either ensure the safety of their property or to provide visitors with a warning of unsafe conditions.
6. Nursing home abuse and neglect
   It is difficult to think of our elderly loved ones not receiving the care they need and deserve. Some nursing homes and other facilities providing similar services do not provide a safe and caring environment for their residents. When someone in their care is injured or killed due to negligence, a personal injury attorney can help gather the evidence needed to file a lawsuit or settle your case out of court.

Does New Mexico have a statute of limitations for filing a personal injury claim?

New Mexico has strict timelines for personal injury claims known as a statute of limitations. Victims have three years from the date the injury occurred to file a personal injury lawsuit. That time frame is reduced to two years if the negligent party is a government entity. If you are the surviving family member of a victim, you have three years from the date of the person’s death to file a wrongful death lawsuit. For accidents that caused property damage, victims have four years from the date of the accident to file their claim.

These strict timelines are why it is important to consult with a personal injury attorney the minute you are injured due to someone else’s carelessness. Even if you are unsure you will file a lawsuit, it is a good idea to have a personal injury attorney. You can be certain the negligent party – especially businesses and large corporations – will have an entire legal team behind them. We can make sure you are not pressured into accepting a settlement for your injuries. We also can gather supporting evidence should future legal action be needed.

How to hire the best personal injury lawyer in New Mexico

Bill Russell is one of the best personal injury lawyers in New Mexico. When you hire him to represent you in a personal injury case, you can rest assured he will fight hard for you. As a deeply dedicated father who values family time, Bill Russell knows that all it takes is one poor choice by another person to impact an entire family.

Hiring a personal injury lawyer in Albuquerque can feel intimidating. Bill Russell and his legal team go the extra mile to help you feel comfortable and clearly explain your rights. We examine the facts of each case before determining the best course of action. It is always preferable to settle a personal injury case out of court. According to data from the U.S. Department of Justice, only 5 percent of all personal injury cases in the United States find their way into the courtroom. The rest are settled pre-trial. All options for your case are clearly explained during a personal consultation with Bill Russell and his team.

To schedule a no-obligation consultation with Bill Russell and his team, give us a call at 505-218-7844 or contact us online. 

Driving under the influence. Driving while intoxicated. It does not matter which acronym you use to describe it. When an individual decides to get behind the wheel while impaired, the consequences are serious. Driving under the influence of legal or illegal substances is a crime in every state. In New Mexico, if you drive a vehicle with a blood alcohol content (BAC) of .08 percent or higher, you are considered DUI.

Is there a difference between DUI and DWI in New Mexico?

Under New Mexico law, a DUI and a DWI are indistinguishable. DUI is an abbreviation for driving under the influence while DWI is short for driving while intoxicated. Both DUI and DWI are charges defendants may face if their driving is affected by a legal or illegal substance or prescribed medication. It does not matter if a substance is legal. If any legal or illegal substance impairs your driving and you are caught behind the wheel while using it, you may find yourself facing a DUI or DWI charge. In New Mexico, most driving under the influence charges are filed as DWIs.

How do the police determine if you are DUI?

It can be a scary experience to find yourself pulled over by the local or state police under suspicion of DUI/DWI. How you handle the situation from the moment you are suspected of impairment behind the wheel can make all the difference in the outcome. Sometimes the local or state police will conduct what is known as a DUI checkpoint. When this happens, officers are randomly selecting drivers to check for impairment. In New Mexico, DUI checkpoints are legal, but there is a list of pre-set guidelines officers must follow when conducting one. If they fail to follow the rules, any drivers they arrest and any evidence they collect as part of the checkpoint may be ruled inadmissible in court.

Other signs police officers look for when determining if a driver should be pulled over for suspected DUI/DWI include:

• Speeding
• Driving under the speed limit
• Erratic driving
• Aggressive driving
• Improper lane usage
• Driving without headlines on

What should I do if I am pulled over for DUI/DWI?

Staying calm and remaining polite during a suspected DUI/DWI stop is highly recommended. Since all police officers in New Mexico are required to wear body cameras, it is likely the encounter is being recorded by the officer. There are some other things you can and should do once the officer approaches your vehicle.

• Be sure to provide your name, license, and vehicle registration when prompted by the officer. This is the minimum you are required to do under New Mexico law.
• Never admit to drinking (even if you were). Once you open that door, the officer can ask follow-up questions such as how much you had to drink and what kind of alcohol you consumed. An officer also might ask if you are under the influence of any substances. Again, you do not have to answer those types of questions. Doing so is considered self-incrimination and you are not obligated to help an officer build a DUI/DWI case against you.
• Decline a field sobriety test. Officers can ask, but you are within your rights in Albuquerque to refuse to comply. While officers can ask you to step out of your vehicle, they cannot force you to take a field sobriety test under New Mexico law. Field sobriety tests are admissible in court. The problem with field sobriety tests for DUI/DWI is they test your balance. There are other reasons besides alcohol or substance use that can affect a person’s balance.

Can I refuse a breathalyzer test or DUI blood test?

This is a question that individuals charged with DUI/DWI ask frequently. New Mexico and all U.S. states have what is known as an Implied Consent Law. That means drivers must agree to take a breathalyzer, blood, or urine test when an officer makes the request. Breathalyzer tests are performed at the scene. If an officer requests a blood or urine test, you will be transported to the nearest hospital to conduct the testing.

If you refuse any of these tests, your driver’s license can be seized. You will be issued a temporary permit by the New Mexico Department of Motor Vehicles, which is valid for 20 days. You must request a hearing to have your permanent driver’s license reinstated within 10 days from the date of your arrest. It can take up to 90 days to schedule a hearing. Your charges also may be upgraded to aggravated DUI/DWI, which carries more serious penalties.

Another question we are asked often is whether you can ask to consult an attorney before agreeing to a field sobriety test, a breathalyzer, or a blood or urine test. Unfortunately, the answer is no.

What is the best way to deal with a DUI/DWI charge in Albuquerque?

Even if this is the first offense, it is in your best interest to consult an attorney about the best way to handle your DUI/DWI charges. Criminal defense attorneys who are experienced in handling DUI/DWI cases are the best chance you have of saving yourself from a driver’s license suspension. They also can use their extensive knowledge of New Mexico case law to get a DUI/DWI charge reduced or dismissed. Sometimes defendants insist on handling their own DUI/DWI cases and are pressured to accept plea deals that are not in their best interest.

What are the penalties for a DUI/DWI in New Mexico?

When individuals violate New Mexico’s DWI laws, the penalties they face depend on whether it is a first offense, or they are a repeat offender.

First-time offenders can expect any combination of the following if they are convicted of DUI/DWI:

• An ignition interlock license and device for every vehicle for one year.
• Up to 90 days in jail (with 48 hours of jail time mandatory).
• Up to a $500 fine.
• Up to one year of probation.

Mandatory penalties for first-time offenders include 24 hours of community service, DWI school, and Victim Impact Panel. They also can expect to be required to complete a substance abuse screening and submit to any recommended treatment.

Repeat offenders have many of the same consequences, with increased durations and fines. They also face the possibility of losing their driver’s license permanently.

Can I beat a DUI without a criminal defense attorney?

Sure, you might get lucky. You also might end up agreeing to a plea bargain you later regret. Why take the chance? Marcus Cameron is one of the best DUI attorneys in New Mexico. He has over 23 years of legal experience that includes 2,500 administrative and legal hearings and 47 trials.

Marcus Cameron and his legal team understand the ins and outs of New Mexico DUI/DWI laws. They can advise you on the best course of action to ensure you are treated fairly. This includes determining if accepting a plea bargain is in your best interests, or if a dismissal or downgrading of charges is warranted. Whatever the solution, we will work hard for you. Give us a call at 505-218-7844 or contact us online to schedule your DUI/DWI consultation.