DWI Unit reports one-third of Albuquerque DWI cases tossed out | News

The number of DWI arrests in Albuquerque is on the rise. The Albuquerque Police Department's DWI Unit is reporting a 15 percent increase so far this year. If that is not bad enough, nearly one-third of those cases are thrown out and never prosecuted.

As of November 23, 2011, there have been 3,159 reported DWI arrests in the City of Albuquerque. 1072 were dismissed. In 848 cases, the reason was because "the prosecution was unable to proceed."

KOB Eyewitness News 4 asked Bernalillo County District Attorney Kari Brandenburg what that means.

"I wish I could point the finger at someone and say, it's because of them," she said.

Paul Heh is a retired APD Sergeant. He said officers are often double-booked at court and since they cannot be in two places at one time, there is a hierarchy for appearances. Heh said there is incentive for officers to go to court, beyond the conviction, but sometimes, they just cannot get there.

"In APD, if you don't show up for court, you get a missed court notice, there's discipline involved," Heh said.

Heh calls it "forced overtime." If an officer does not show up, the case gets tossed. But so many times, he says cases drag on, which means overtime, each time.

"I have personally shown up 23 times on one case." He said. "The defense is just hoping that I don't show up one of these times and when I don't show up, they'll move for a dismissal."

That is costing tax payers money.

Brandenburg said the percentage of dismissed cases has not changed in the last 20 years. She added that there is no easy fix.

"There's a lot of issues. Constitutional rights, the defendant has a right to a fair trial. I think the courts are also burdened with an incredible caseload," Brandenburg said.

Brandenburg said they will often lessen the charges for DWI suspects just so the case does not get tossed out and because it would not be possible to go to trial for each DWI arrest.