-- Paul E. Padilla

Last week, the New Mexico Court of Appeals released a decision that will have a big impact on New Mexico's DWI law. In the case of State v. Valdez (2013-NMCA-016), the Court of Appeals decided that anyone who is convicted of a DWI in New Mexico must have an interlock device installed in their car, even if the DWI did not involve alcohol.

In general, a person can be convicted of DWI if they are under the influence of any drug that impairs their ability to safely drive a vehicle. NMSA Section 66-8-102(B). However, the law also requires anyone convicted of any type of DWI “to obtain an ignition interlock license and have an ignition interlock device installed and operating on all motor vehicles drive by the offender[.]”  NMSA Section 66-8-102(N).

In the case of State v. Valdez, a woman was arrested for driving under the influence of oxycodone and other prescription pills, but had no alcohol in her system. The woman pled guilty to DWI, but challenged the requirement to have an interlock device installed in her car, because she had not been drinking when she was arrested.

Interlock devices can only detect alcohol, and do not test for other drugs, such as marijuana or prescription pills. Therefore, the woman argued that there was no basis to make her install the interlock device, since alcohol had nothing to do with her arrest.

However, the Court of Appeals did not agree, and ruled that it is reasonable to believe there is a “connection between the use of prescription drugs and the use of alcohol.”

Therefore, even if you have not been drinking, if you are pulled over and convicted of a DWI for pills, marijuana, or any other drugs, you will still need to register for and install an interlock device, which costs a lot of money. An interlock will cost an average of $1,000 per year, plus the cost of getting an interlock driver’s license ($63.00), and fines if you try and start your car with alcohol in your system.

As the Memorial Day weekend approaches, people throughout Colorado and New Mexico are dusting off their camping gear, filling coolers, and heading out into the mountains, parks, and lakes. With the already-hot weather that the Rocky Mountain region has experienced this spring, it’s an ideal time to get outdoors and enjoy the sun.

However, not wanting to be the wet blanket, a major aspect of the holiday weekend is also the liability associated with thousands of people flooding into the back country, looking to cut loose.

Both Colorado and New Mexico experience huge swells of people looking to get out of the metro areas and partake in the amazing natural resources available. But, those swells of people also create significant risks and hazards.

Recreational businesses like whitewater rafting, horseback riding, and numerous other guided activities see this weekend as a major money-maker (which it is).  And, as the crowds build on the rivers and hiking trails, many of the outdoor businesses scramble to accommodate the increased demand. As a result, safety and common sense sometimes take a back seat to trying to put more people on the river and making more money.

In both states, the legislatures have passed numerous laws that specifically regulate many of the outdoor activities, including equine activities (horses), shooting ranges, whitewater rafting, ballooning, skier safety, and snowmobiling. These laws are in addition to the more broad laws and regulations covering motor vehicles, fishing and hunting, federal and state lands, and business licensing.

While no one wants to quickly review C.R.S. § 33-32-101 et seq., regulating River Outfitters, before they put their friends and family on a whitewater raft, it is important to remember that these laws do exist and they may determine who is liable if an accident does happen.

It is important to have fun and enjoy the holiday, but it is equally important to be careful and be conscientious of those around you.  So, get out of town this weekend, enjoy the sun, and watch out for all those other crazy people trying to do the exact same thing.

In light of recent events, this week I decided to write about police reports. For those who do not know me personally, yesterday my car was broken into and the stereo was stolen. To add insult to injury, it was broad daylight, it was parked in front of my house, I was home at the time, and the front door to the house was wide open.

Nonetheless, in dealing with the situation I learned about a valuable and convenient tool offered by the Denver Police Department: Report a Crime Online.

I think there are two main reasons why people don’t make police reports when something bad happens. Firstly, it can be a burden to call the police, wait for a patrol car to arrive, and then fill out the paperwork in an interview-like manner. Commonly, this is all done sitting in the hot sun or in a freezing blizzard, while waiting in the parking lot of a closed down Blockbuster or Jack-in-the-Box. Secondly, I think many people underestimate how important a police report is, especially if you later need to make an insurance claim or pursue legal action.

Yesterday, in looking for the Denver Police Department’s non-emergency phone number, I came across the Report a Crime Online program. Generally speaking, instead of calling a police unit to respond in person, you can now go online and fill out a loss or accident report on your own. You submit the report and receive a temporary case number, and, after the report is reviewed and approved, it is officially filed and a formal case number is assigned.  Everything is emailed to you almost instantly.

This is a brilliant system. It allows you the time and ability to make the report at your convenience, once you have the knowledge and wherewithal to know the extent of your damages or loss.  Additionally, it does not require a police officer, who likely has other duties to perform (and would prefer to be doing those other duties) to make a personal visit to witness a broken car window.

As far as the importance of filing a report, the system makes it so easy to file a report that there is no good reason not to do it. I have spoken to many people who didn’t think they need a police report, because “the damage didn’t look that bad.”  But, a few weeks down the line, the quote comes back from the body shop and an insurance claim is the only way to afford the repairs.  Without a police report, it makes it much more difficult to make an insurance claim (and there may be additional fees too), and a police report can prove to be invaluable in any legal action.

I am not suggesting that if you get involved in a traffic accident, you should necessarily exchange info, proceed home, and file the report online (even though it is possible).  There are still many situations where calling the police and having a patrol car arrive on-scene is the best, if not only, way to proceed and protect your interests. But, in light of the increasing and ever-present instances of petty theft and vandalism, Report a Crime Online is a great and stress-reducing system that takes a little bit of the sting out of the process.