Tenth 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 Tenth Annual Statistical Report on DWI Court Dispositions in New Mexico Supreme Court of New Mexico Administrative Office of the Courts May, 2015
2 Table of Contents Introduction 1 Calendar Year 2014 Statistical Summary 1 Misdemeanor Dismissals and Re-filings 1 How DWI are Calculated 1 DWI Statistical Tables 2 6
3 A Statistical Report on DWI in New Mexico, Prepared by the New Mexico Administrative Office of the Courts Introduction The Administrative Office of the Courts (AOC) is pleased to present the Tenth Annual Statistical Report on DWI Court Dispositions in New Mexico. This report contains statistical information on DWI cases adjudicated in New Mexico magistrate courts, district courts, and the Bernalillo County Metropolitan Court (BCMC) from 1997 through Calendar Year 2014 Statistical Summary For calendar year 2014, 12,268 DWI cases were adjudicated by state courts in New Mexico. District courts disposed of 1,891 felony DWI cases, magistrate courts disposed of 6,524 misdemeanor DWI cases, and the BCMC disposed of 3,853 misdemeanor DWI cases. Misdemeanor Dismissals and Felony Re-filings Every year, approximately eight percent of misdemeanor court dismissals are 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, 5 and 6 only reflect pre-indictment dismissals; however, when prosecutors dismiss a case in anticipation of refiling the case as a felony, the dismissal is simply a necessary step in charging the defendant with a felony DWI. This should be taken into consideration when considering overall dismissal rates for the Metropolitan Court and magistrate courts. How DWI Bind-Overs 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. Even if the DWI charge is dismissed, the defendant may be convicted for underlying traffic offenses. For this report, convictions for underlying traffic offenses that are associated with DWI charges are not counted as DWI convictions. 1
4 DWI Disposed For Calendar Year 2014 District Courts By Location County Acquittals Conditionally Discharged Dispositions By By Court 6 Month Rule Dismissals BERNALILLO % 0.4% 0.2% 0.0% 16.2% 13.1% 1.2% 0.0% 1.7% CATRON 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% CHAVES % 6.1% 0.0% 0.0% 18.3% 14.6% 1.2% 1.2% 1.2% CIBOLA % 0.0% 0.0% 0.0% 44.4% 33.3% 3.7% 7.4% 0.0% COLFAX % 0.0% 0.0% 0.0% 50.0% 33.3% 0.0% 16.7% 0.0% CURRY % 1.9% 1.9% 0.0% 31.5% 13.0% 14.8% 0.0% 1.9% DE BACA % 0.0% 0.0% 0.0% 60.0% 60.0% 0.0% 0.0% 0.0% DONA ANA % 1.6% 0.0% 0.0% 15.5% 13.9% 1.6% 0.0% 0.0% EDDY % 2.4% 2.4% 0.0% 19.1% 7.1% 4.8% 4.8% 0.0% GRANT % 0.0% 10.0% 0.0% 35.0% 15.0% 5.0% 0.0% 5.0% GUADALUPE % 0.0% 33.3% 0.0% 33.3% 0.0% 0.0% 0.0% 0.0% HARDING 1 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 0.0% 0.0% 0.0% HIDALGO 1 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% LEA % 3.0% 0.0% 0.0% 18.2% 15.2% 0.0% 3.0% 0.0% LINCOLN % 0.0% 0.0% 0.0% 20.0% 16.0% 0.0% 4.0% 0.0% LOS ALAMOS % 0.0% 0.0% 0.0% 66.7% 66.7% 0.0% 0.0% 0.0% LUNA % 0.0% 0.0% 0.0% 31.6% 26.3% 0.0% 0.0% 5.3% MCKINLEY % 1.3% 0.0% 0.0% 38.7% 26.7% 10.7% 1.3% 0.0% MORA % 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% OTERO % 4.7% 3.1% 0.0% 12.5% 6.3% 0.0% 1.6% 1.6% QUAY % 0.0% 0.0% 0.0% 70.0% 70.0% 0.0% 0.0% 0.0% RIO ARRIBA % 0.0% 0.0% 0.0% 12.3% 7.0% 5.3% 0.0% 0.0% ROOSEVELT % 0.0% 0.0% 0.0% 42.1% 42.1% 0.0% 0.0% 0.0% SAN JUAN % 1.6% 0.4% 0.0% 14.6% 11.4% 2.8% 0.0% 0.0% SAN MIGUEL % 0.0% 0.0% 0.0% 15.6% 15.6% 0.0% 0.0% 0.0% SANDOVAL % 0.0% 3.0% 0.0% 22.0% 1.0% 14.0% 0.0% 4.0% SANTA FE % 0.0% 2.1% 0.0% 30.9% 27.8% 0.0% 1.0% 0.0% SIERRA % 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% SOCORRO % 0.0% 0.0% 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% TAOS % 2.4% 2.4% 0.0% 17.1% 7.3% 4.9% 2.4% 0.0% TORRANCE % 12.5% 0.0% 0.0% 25.0% 25.0% 0.0% 0.0% 0.0% UNION 2 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 0.0% 0.0% 0.0% VALENCIA % 2.1% 0.0% 0.0% 23.4% 2.1% 10.6% 8.5% 2.1% Statewide % 1.4% 0.8% 0.0% 20.4% 14.5% 3.2% 0.9% 1.0% Acquittals by By Court 6 Month Rule disposed in a year not dismissed but which do not fit into column heading categories dismissed by a court subsequent to motion for dismissal by a prosecutor dismissed by a judge dismissed under the six month rule 2
5 DWI Disposed For Calendar Year 2014 Magistrate Courts By Location County Acquittals Conditional Discharge By By Court 6 Month Rule Dismissal CATRON % 16.7% 0.0% 0.0% 16.7% 16.7% 0.0% 0.0% 0.0% CHAVES % 3.9% 0.0% 0.0% 23.5% 21.4% 2.1% 0.0% 0.0% CIBOLA % 3.9% 0.0% 0.0% 41.0% 33.3% 4.5% 1.9% 1.3% COLFAX % 0.0% 0.0% 0.0% 43.9% 34.2% 4.9% 0.0% 4.9% CURRY % 1.9% 0.0% 0.0% 19.8% 15.3% 3.2% 0.0% 1.3% DE BACA % 0.0% 0.0% 0.0% 45.5% 36.4% 9.1% 0.0% 0.0% DONA ANA % 1.3% 0.0% 0.0% 19.0% 12.2% 2.9% 2.7% 1.2% EDDY % 1.0% 0.0% 0.0% 16.0% 11.5% 1.5% 2.5% 0.5% GRANT % 2.0% 0.0% 0.0% 22.8% 19.8% 1.0% 2.0% 0.0% GUADALUPE % 2.2% 0.0% 0.0% 24.4% 22.2% 2.2% 0.0% 0.0% HARDING % 0.0% 0.0% 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% HIDALGO % 2.8% 0.0% 0.0% 16.7% 16.7% 0.0% 0.0% 0.0% LEA % 0.3% 0.0% 0.0% 24.9% 23.3% 1.6% 0.0% 0.0% LINCOLN % 1.2% 0.0% 0.0% 8.1% 5.8% 2.3% 0.0% 0.0% LOS ALAMOS % 0.0% 0.0% 0.0% 12.2% 7.3% 2.4% 2.4% 0.0% LUNA % 2.4% 0.0% 0.0% 17.9% 15.5% 1.2% 0.0% 1.2% MCKINLEY % 2.2% 0.0% 0.0% 40.2% 25.1% 4.3% 1.7% 9.2% MORA % 0.0% 0.0% 0.0% 29.0% 22.6% 3.2% 0.0% 3.2% OTERO % 1.7% 0.0% 0.0% 11.3% 10.9% 0.4% 0.0% 0.0% QUAY % 3.9% 0.0% 0.0% 19.6% 15.7% 3.9% 0.0% 0.0% RIO ARRIBA % 0.7% 0.0% 0.0% 63.1% 55.6% 4.8% 1.4% 1.4% ROOSEVELT % 2.0% 0.0% 0.0% 20.0% 16.0% 4.0% 0.0% 0.0% SAN JUAN % 0.9% 0.0% 0.0% 23.7% 14.6% 5.6% 0.4% 3.2% SAN MIGUEL % 1.3% 0.0% 0.0% 18.3% 16.3% 2.0% 0.0% 0.0% SANDOVAL % 0.4% 0.0% 0.0% 50.2% 12.0% 16.3% 2.4% 19.5% SANTA FE % 0.7% 0.0% 0.0% 35.9% 29.9% 2.8% 1.3% 1.9% SIERRA % 1.8% 0.0% 0.0% 24.6% 19.3% 5.3% 0.0% 0.0% SOCORRO % 0.0% 0.0% 0.0% 25.8% 21.8% 4.0% 0.0% 0.0% TAOS % 0.9% 0.0% 0.0% 28.9% 23.9% 2.8% 0.5% 1.8% TORRANCE % 0.0% 0.0% 0.0% 24.1% 16.7% 5.6% 1.9% 0.0% UNION % 0.0% 0.0% 0.0% 25.0% 25.0% 0.0% 0.0% 0.0% VALENCIA % 2.7% 0.0% 0.0% 36.4% 6.6% 13.2% 2.3% 14.3% Statewide % 1.4% 0.0% 0.0% 28.6% 20.2% 4.0% 1.3% 3.1% Acquittals by By Court 6 Month Rule disposed in a year not dismissed but which do not fit into column heading categories dismissed by a court subsequent to motion for dismissal by a prosecutor dismissed by a judge dismissed under the six month rule 3
6 DWI Disposed For Calendar Years 1997 Through 2014 District Courts By Year Year Acquittals Conditionally Discharged Dispositions By By Court 6 Month Rule Dismissals % 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% % 0.8% 0.6% 0.1% 18.0% 13.1% 3.4% 0.9% 0.0% % 1.4% 0.8% 0.0% 20.4% 14.5% 3.2% 0.9% 1.0% Acquittals by By Court 6 Month Rule disposed in a year not dismissed but which do not fit into column heading categories dismissed by a court subsequent to motion for dismissal by a prosecutor dismissed by a judge dismissed under the six month rule 4
7 DWI Disposed For Calendar Years 1997 Through 2014 Magistrate Courts By Year Year Acquittals Conditionally Discharged By By Court 6 Month Rule Dismissals % 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% % 1.5% 0.0% 0.0% 29.7% 20.3% 4.1% 1.7% 3.5% % 1.4% 0.0% 0.0% 28.6% 20.2% 4.0% 1.3% 3.1% Acquittals by By Court 6 Month Rule disposed in a year not dismissed but which do not fit into column heading categories dismissed by a court subsequent to motion for dismissal by a prosecutor dismissed by a judge dismissed under the six month rule 5
8 DWI Disposed For Calendar Years 1997 Through 2014 Bernalillo Metropolitan Court By Year Year Acquittals Conditionally Discharged By By Court 6 Month Rule Dismissals % 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% % 3.5% 0.1% 0.2% 38.4% 33.4% 1.0% 0.6% 3.4% % 2.4% 0.0% 0.2% 49.9% 45.5% 1.6% 1.1% 1.7% Acquittals by By Court 6 Month Rule disposed in a year not dismissed but which do not fit into column heading categories dismissed by a court subsequent to motion for dismissal by a prosecutor dismissed by a judge dismissed under the six month rule 6
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