Eighth Annual Statistical Report on DWI Court Dispositions In New Mexico. Supreme Court of New Mexico Administrative Office of the Courts
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1 Eighth Annual Statistical Report on DWI In New Mexico Supreme of New Mexico Administrative Office of the s April, 2013
2 Table of Contents Introduction 1 Calendar Year 2012 Statistical Summary 1 Misdemeanor and Re-filings 1 How DWI are Calculated 1 Report Changes for DWI Statistical Tables 2 6
3 A Statistical Report on DWI in New Mexico, Prepared by the New Mexico Administrative Office of the s Introduction The Administrative Office of the s (AOC) is pleased to present the Eighth Annual Statistical Report on DWI in New Mexico. This report contains statistical information on DWI cases adjudicated in New Mexico magistrate courts, district courts, municipal courts, and the Bernalillo County Metropolitan (BCMC) from 1997 through Calendar Year 2012 Statistical Summary For calendar year 2012, 14,922 DWI cases were adjudicated by state and municipal courts in New Mexico. District courts disposed of 1,955 felony DWI cases, magistrate courts disposed of 6,656 misdemeanor DWI cases, and the BCMC disposed of 4,732 misdemeanor DWI cases. In addition, 1,579 DWI cases were charged under municipal ordinances and disposed in municipal courts. Misdemeanor and Felony Refilings A comparison of 2012 magistrate DWI case dismissals and district court felony DWI case initiations shows that statewide, 8.48 percent of misdemeanor court dismissals were later re-filed by prosecutors as felonies in district courts. While these cases were technically "dismissed, the defendants associated with these dismissed cases were re-charged by prosecutors as felons rather than misdemeanants. As such, magistrate and BCMC court disposition tables on pages 3 and 4, should be compared to the prosecutor re-file table on page 7, for a more complete picture of the overall magistrate and BCMC DWI dismissal rates. How DWI are Counted Preliminary hearings for felony DWI cases are first heard in magistrate courts in all counties except for Bernalillo County. When a magistrate judge rules that probable cause exists for a particular DWI case, the case will be transferred to a district court for a felony trial. These case transfers, called bind-overs, are not dismissals, but are simply a method for transferring felony DWI cases from a limited jurisdiction court to a general jurisdiction court. Since 1997, the bind-over rate of all magistrate court DWI cases has fluctuated between 7.5 to 14 percent. All DWI cases bound over to district courts are counted as district court DWI adjudications in this report. Underlying Traffic are not Counted as DWI Even when all DWI charges against a defendant are dismissed, field research has shown that many dismissed DWI cases contain convictions on underlying non-dwi traffic charges. These traffic charges typically occur when a driver is stopped for a traffic infraction and the arresting officer subsequently charges the driver with DWI. If the DWI charge is later dismissed in a court, the defendant may be convicted for the underlying traffic offenses. For purposes of this report, convictions for underlying traffic offenses are not counted as DWI convictions. 1
4 DWI Disposed For Calendar Years 1997 Through % 0.4% 0.0% 3.8% 11.2% 6.0% 0.0% 0.0% 5.1% % 0.3% 0.0% 2.7% 14.9% 8.9% 0.0% 0.0% 6.0% % 0.5% 0.0% 2.8% 13.1% 8.3% 0.0% 0.2% 4.6% % 0.5% 0.1% 1.1% 20.0% 9.1% 0.1% 0.3% 10.4% % 0.4% 0.1% 0.5% 14.3% 7.3% 0.0% 0.2% 6.8% % 0.5% 0.2% 2.0% 13.0% 5.7% 0.0% 0.3% 6.9% % 0.6% 0.2% 0.7% 13.4% 10.3% 0.6% 0.3% 2.2% % 0.5% 0.7% 0.0% 12.4% 10.3% 1.2% 0.5% 0.3% % 0.9% 0.7% 0.0% 15.0% 11.7% 2.5% 0.5% 0.4% % 1.2% 1.0% 0.0% 15.5% 12.9% 1.8% 0.5% 0.3% % 1.1% 0.4% 0.0% 15.0% 12.5% 1.8% 0.4% 0.3% % 1.0% 0.0% 0.2% 16.4% 14.2% 1.6% 0.5% 0.2% % 0.9% 0.5% 0.0% 16.1% 13.0% 2.3% 0.5% 0.2% % 1.4% 0.0% 0.0% 17.9% 14.4% 2.6% 0.6% 0.3% % 1.5% 0.2% 0.0% 16.2% 13.0% 2.4% 0.6% 0.2% % 1.2% 0.2% 0.0% 15.5% 12.2% 2.9% 0.5% 0.1% District s By Year Magistrate s By Year % 0.8% 0.2% 0.5% 18.5% 5.8% 0.0% 0.8% 11.9% % 0.6% 0.1% 0.6% 21.2% 6.1% 0.1% 0.6% 14.4% % 0.7% 0.1% 0.9% 21.3% 7.6% 0.1% 1.0% 12.6% % 0.5% 0.3% 0.3% 22.5% 8.1% 0.1% 0.8% 13.4% % 0.6% 0.2% 0.6% 22.5% 9.1% 0.2% 0.9% 12.3% % 0.8% 0.2% 0.9% 20.3% 8.5% 0.1% 0.9% 10.8% % 0.6% 0.2% 1.1% 21.3% 10.0% 0.2% 0.8% 10.3% % 0.9% 0.1% 0.9% 22.6% 12.9% 0.4% 1.3% 7.9% % 0.7% 0.0% 0.0% 26.8% 22.6% 1.5% 0.9% 1.8% % 0.8% 0.0% 0.1% 29.6% 26.0% 1.2% 0.8% 1.6% % 0.9% 0.0% 0.0% 27.7% 23.7% 1.8% 1.0% 1.1% % 0.7% 0.0% 0.1% 28.5% 24.1% 1.9% 1.0% 1.6% % 1.2% 0.0% 0.1% 29.4% 25.1% 1.8% 1.3% 1.2% % 1.3% 0.0% 0.1% 29.9% 25.0% 2.5% 1.1% 1.4% % 1.4% 0.0% 0.1% 31.3% 27.6% 2.3% 0.8% 0.6% % 1.6% 0.0% 0.0% 25.8% 18.4% 3.4% 0.7% 0.2% By 6 Dismissal disposed in a year Conviction rate for cases disposed Acquittal rate for cases disposed Conditional discharge rate for cases disposed not dismissed but which do not fit into column heading categories Dismissal rate for all cases disposed dismissed by a court subsequent to motion for dismissal by a prosecutor ( for net dismissal rate see page 7 ) dismissed by a judge dismissed under the six month rule dismissed for other reasons 2
5 DWI Disposed For Calendar Years 1997 Through 2012 Bernalillo Metropolitan By Year % 1.9% 0.0% 0.1% 39.7% 28.5% 5.0% 3.1% 3.1% % 2.0% 0.0% 0.0% 31.0% 21.2% 5.2% 2.1% 2.6% % 2.6% 0.0% 0.1% 33.0% 20.5% 5.0% 4.1% 3.4% % 1.6% 0.0% 0.0% 28.9% 19.0% 3.9% 3.7% 2.3% % 1.4% 0.0% 0.1% 28.0% 17.6% 3.9% 4.0% 2.5% % 1.6% 0.0% 0.0% 32.2% 20.0% 5.0% 4.6% 2.7% % 1.8% 0.0% 0.0% 35.7% 21.8% 5.9% 5.5% 2.5% % 2.0% 0.0% 0.0% 38.0% 23.8% 5.5% 5.3% 3.3% % 2.0% 0.0% 0.0% 33.7% 24.1% 4.5% 2.8% 2.3% % 2.0% 0.0% 0.0% 28.9% 26.2% 1.0% 1.3% 0.4% % 1.3% 0.0% 0.0% 26.8% 24.0% 0.7% 1.4% 0.7% % 0.7% 0.0% 0.0% 29.9% 27.5% 0.7% 0.8% 0.9% % 0.7% 0.0% 0.0% 32.7% 29.7% 0.5% 0.7% 1.8% % 2.0% 0.0% 0.0% 32.6% 29.7% 0.9% 0.3% 1.7% % 1.6% 0.0% 0.0% 32.9% 29.9% 1.5% 0.4% 1.1% % 2.4% 0.0% 0.0% 25.9% 23.7% 1.6% 0.3% 0.3% Municipal s By Year % 0.0% 0.0% 1.8% 0.0% 0.0% 0.0% 0.0% 0.0% % 0.0% 0.0% 1.6% 0.0% 0.0% 0.0% 0.0% 0.0% % 0.0% 0.0% 1.3% 0.6% 0.3% 0.0% 0.0% 0.3% % 0.0% 0.0% 1.7% 1.3% 0.3% 0.0% 0.0% 1.0% % 0.0% 0.0% 1.8% 0.0% 0.0% 0.0% 0.0% 0.0% % 0.2% 0.0% 1.9% 0.1% 0.0% 0.1% 0.0% 0.0% % 0.1% 0.0% 1.5% 0.0% 0.0% 0.0% 0.0% 0.0% % 0.6% 0.0% 2.0% 0.1% 0.0% 0.0% 0.0% 0.0% % 0.8% 0.0% 1.8% 1.5% 1.3% 0.1% 0.1% 0.0% % 0.9% 0.0% 3.6% 10.8% 7.1% 1.9% 0.4% 1.4% % 1.3% 0.0% 0.0% 10.4% 5.0% 3.5% 0.2% 1.7% % 0.9% 0.0% 0.6% 11.0% 5.5% 1.8% 0.8% 2.9% % 1.7% 0.0% 0.2% 11.0% 6.1% 1.4% 0.6% 2.9% % 1.2% 0.0% 1.7% 9.5% 5.8% 1.0% 0.5% 2.3% % 1.0% 0.0% 0.0% 14.5% 8.6% 2.3% 0.5% 3.2% % 1.2% 0.0% 0.3% 15.3% 9.6% 2.2% 0.4% 3.0% By 6 Dismissal disposed in a year Conviction rate for cases disposed Acquittal rate for cases disposed Conditional discharge rate for cases disposed not dismissed but which do not fit into column heading categories Dismissal rate for all cases disposed dismissed by a court subsequent to motion for dismissal by a prosecutor ( for net dismissal rate see page 7 ) dismissed by a judge dismissed under the six month rule dismissed for other reasons 3
6 DWI Disposed For Calendar Year 2012 District s By Location 6 County BERNALILLO % 0.2% 0.0% 0.0% 10.1% 8.6% 1.5% 0.0% 0.0% CATRON % 0.0% 0.0% 0.0% 14.3% 0.0% 14.3% 0.0% 0.0% CHAVES % 1.0% 0.0% 0.0% 17.0% 14.0% 2.0% 1.0% 0.0% CIBOLA % 0.0% 0.0% 0.0% 43.4% 26.4% 15.1% 1.9% 0.0% COLFAX % 0.0% 6.3% 0.0% 12.5% 12.5% 0.0% 0.0% 0.0% CURRY % 0.9% 0.0% 0.0% 10.8% 9.0% 1.8% 0.0% 0.0% DE BACA 1 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 0.0% 0.0% 0.0% DONA ANA % 1.4% 0.0% 0.0% 20.9% 19.5% 1.4% 0.0% 0.0% EDDY % 2.8% 0.0% 0.0% 8.3% 5.6% 2.8% 0.0% 0.0% GRANT % 0.0% 0.0% 0.0% 15.4% 15.4% 0.0% 0.0% 0.0% GUADALUPE % 0.0% 0.0% 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% HARDING 0 HIDALGO % 0.0% 10.0% 0.0% 20.0% 20.0% 0.0% 0.0% 0.0% LEA % 3.5% 0.0% 0.0% 24.6% 17.5% 7.0% 0.0% 0.0% LINCOLN % 0.0% 0.0% 0.0% 5.3% 5.3% 0.0% 0.0% 0.0% LOS ALAMOS % 0.0% 0.0% 0.0% 33.3% 33.3% 0.0% 0.0% 0.0% LUNA % 0.0% 0.0% 0.0% 7.7% 7.7% 0.0% 0.0% 0.0% MCKINLEY % 1.7% 0.0% 0.0% 13.8% 8.6% 5.2% 0.0% 0.0% MORA % 0.0% 0.0% 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% OTERO % 0.0% 0.0% 0.0% 7.7% 5.1% 2.6% 0.0% 0.0% QUAY % 0.0% 0.0% 0.0% 57.1% 57.1% 0.0% 0.0% 0.0% RIO ARRIBA % 0.0% 0.0% 0.0% 20.9% 20.9% 0.0% 0.0% 0.0% ROOSEVELT % 4.0% 0.0% 0.0% 20.0% 16.0% 4.0% 0.0% 0.0% SAN JUAN % 2.5% 0.0% 0.0% 7.2% 5.8% 1.1% 0.0% 0.4% SAN MIGUEL % 2.6% 0.0% 0.0% 7.9% 7.9% 0.0% 0.0% 0.0% SANDOVAL % 6.3% 0.0% 0.0% 26.6% 13.9% 11.4% 1.3% 0.0% SANTA FE % 0.0% 0.0% 0.0% 24.7% 15.5% 4.1% 5.2% 0.0% SIERRA % 0.0% 0.0% 0.0% 23.1% 23.1% 0.0% 0.0% 0.0% SOCORRO % 0.0% 0.0% 0.0% 16.7% 16.7% 0.0% 0.0% 0.0% TAOS % 0.0% 3.4% 0.0% 20.7% 17.2% 3.4% 0.0% 0.0% TORRANCE % 0.0% 14.3% 0.0% 14.3% 14.3% 0.0% 0.0% 0.0% UNION % 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% VALENCIA % 0.0% 0.0% 0.0% 33.3% 16.7% 13.9% 2.8% 0.0% % 1.2% 0.2% 0.0% 15.5% 12.2% 2.9% 0.5% 0.1% By 6 Dismissal disposed in a year Conviction rate for cases disposed Acquittal rate for cases disposed Conditional discharge rate for cases disposed not dismissed but which do not fit into column heading categories Dismissal rate for all cases disposed dismissed by a court subsequent to motion for dismissal by a prosecutor ( for net dismissal rate see page 7 ) dismissed by a judge dismissed under the six month rule dismissed for other reasons 4
7 DWI Disposed For Calendar Year 2012 Magistrate s By Location 6 County CATRON % 10.0% 0.0% 0.0% 35.0% 35.0% 0.0% 0.0% 0.0% CHAVES % 3.8% 0.0% 0.0% 24.7% 22.6% 1.7% 0.3% 0.0% CIBOLA % 1.4% 0.0% 0.0% 28.3% 20.0% 7.6% 0.7% 0.0% COLFAX % 0.0% 0.0% 2.2% 37.8% 37.8% 0.0% 0.0% 0.0% CURRY % 3.1% 0.0% 0.0% 18.1% 16.6% 1.6% 0.0% 0.0% DE BACA % 0.0% 0.0% 0.0% 16.7% 16.7% 0.0% 0.0% 0.0% DONA ANA % 0.7% 0.0% 0.0% 14.1% 12.9% 0.8% 0.4% 0.0% EDDY % 2.0% 0.0% 0.0% 7.4% 4.4% 2.5% 0.5% 0.0% GRANT % 0.8% 0.0% 0.0% 36.7% 33.6% 2.3% 0.8% 0.0% GUADALUPE % 2.3% 0.0% 0.0% 36.4% 27.3% 9.1% 0.0% 0.0% HARDING % 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% HIDALGO % 0.0% 0.0% 0.0% 13.2% 5.7% 3.8% 0.0% 3.8% LEA % 1.8% 0.0% 0.0% 21.3% 18.9% 2.4% 0.0% 0.0% LINCOLN % 0.0% 0.0% 0.0% 6.0% 5.3% 0.8% 0.0% 0.0% LOS ALAMOS % 0.0% 0.0% 0.0% 33.3% 28.8% 0.0% 4.5% 0.0% LUNA % 0.8% 0.0% 0.0% 19.0% 18.2% 0.8% 0.0% 0.0% MCKINLEY % 2.2% 0.0% 0.0% 29.5% 25.6% 3.2% 0.7% 0.0% MORA % 0.0% 0.0% 0.0% 41.7% 41.7% 0.0% 0.0% 0.0% OTERO % 0.0% 0.0% 0.0% 10.6% 10.6% 0.0% 0.0% 0.0% QUAY % 0.0% 0.0% 0.0% 32.2% 27.1% 3.4% 0.0% 1.7% RIO ARRIBA % 1.4% 0.0% 0.0% 57.7% 51.0% 3.4% 3.4% 0.0% ROOSEVELT % 2.6% 0.0% 0.0% 17.5% 10.5% 4.4% 2.6% 0.0% SAN JUAN % 2.3% 0.0% 0.0% 18.8% 13.4% 5.0% 0.3% 0.0% SAN MIGUEL % 0.0% 0.0% 0.0% 23.7% 22.3% 1.4% 0.0% 0.0% SANDOVAL % 2.2% 0.0% 0.7% 36.0% 23.2% 11.6% 1.1% 0.0% SANTA FE % 2.6% 0.0% 0.0% 42.0% 36.5% 4.6% 0.9% 0.0% SIERRA % 1.0% 0.0% 0.0% 26.5% 25.5% 1.0% 0.0% 0.0% SOCORRO % 1.1% 0.5% 0.0% 20.9% 15.9% 3.8% 0.5% 0.5% TAOS % 0.0% 0.0% 0.0% 39.7% 36.8% 2.9% 0.0% 0.0% TORRANCE % 3.4% 0.0% 0.0% 13.8% 1.7% 12.1% 0.0% 0.0% UNION % 0.0% 0.0% 0.0% 23.5% 17.6% 5.9% 0.0% 0.0% VALENCIA % 0.4% 0.0% 0.0% 39.2% 25.0% 7.8% 1.7% 4.7% % 1.6% 0.0% 0.0% 25.8% 21.5% 3.4% 0.7% 0.2% By 6 Dismissal disposed in a year Conviction rate for cases disposed Acquittal rate for cases disposed Conditional discharge rate for cases disposed not dismissed but which do not fit into column heading categories Dismissal rate for all cases disposed dismissed by a court subsequent to motion for dismissal by a prosecutor ( for net dismissal rate see page 7 ) dismissed by a judge dismissed under the six month rule dismissed for other reasons 5
8 Impact of Magistrate and Bernalillo Metropolitan DWI Refiled in District on by Rate for 2012 by Refiled as Felony DWI By Percentage of Refiled as Felony DWI Dismissal Rate Before Subtracting Refiled Net Dismissal Rate After Subtracting Refiled County BERNALILLO % 25.9% 24.7% CATRON % 35.0% 35.0% CHAVES % 24.7% 8.7% CIBOLA % 28.3% 18.6% COLFAX % 37.8% 35.6% CURRY % 18.1% 15.0% DE BACA % 16.7% 0.0% DONA ANA % 14.1% 12.8% EDDY % 7.4% 7.4% GRANT % 36.7% 36.7% GUADALUPE % 36.4% 34.1% HARDING % 0.0% HIDALGO % 13.2% 13.2% LEA % 21.3% 16.5% LINCOLN % 6.0% 6.0% LOS ALAMOS % 33.3% 30.3% LUNA % 19.0% 18.2% MCKINLEY % 29.5% 27.3% MORA % 41.7% 41.7% OTERO % 10.6% 7.0% QUAY % 32.2% 27.1% RIO ARRIBA % 57.7% 40.4% ROOSEVELT % 17.5% 16.7% SAN JUAN % 18.8% 18.8% SAN MIGUEL % 23.7% 20.9% SANDOVAL % 36.0% 33.7% SANTA FE % 42.0% 37.3% SIERRA % 26.5% 26.5% SOCORRO % 20.9% 19.8% TAOS % 39.7% 31.9% TORRANCE % 13.8% 13.8% UNION % 23.5% 23.5% VALENCIA % 39.2% 35.8% % 31.9% 23.3% 6
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