Albuquerque Journal (Albuquerque, NM)

Conviction Not Counted In DWI Law.

Byline: Daniel J. Chacon Journal Staff Writer

SF Prosecutor Unable To Introduce First Offense

Under New Mexico law, a woman with a prior DWI conviction was sentenced Thursday in Municipal Court as a first-time offender after being convicted on her second drunken-driving arrest.

City prosecutor Art Michael said he would have preferred to consider the first conviction during Kate Brooks' Thursday sentencing which would have led to a stiffer sentence but said he couldn't.

Because Brooks' first conviction fell between the second arrest and second conviction, New Mexico law doesn't allow it to be considered.

"I can't count (the first DWI conviction) because the conviction came after the (second) arrest," Michael said. …

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