SANTA FE, N.M. (AP) - A defense attorney for a New Mexico state senator has asked for a jury trial in a drunken driving case that could potentially postpone the trial date.
The Albuquerque Journal reported Tuesday that Democratic Sen. Richard Martinez was charged with aggravated DWI and reckless driving, both of which carry maximum 90-day penalties.
Prosecutors say criminal defendants in New Mexico can only seek jury trials if they face a potential sentence of more than six months in prison.
Martinez pleaded not guilty to aggravated drunken driving and reckless driving charges after video shows he responded to officers with slurred speech following a car crash.
Authorities say he refused a breath test to determine his blood-alcohol level.
Martinez says he does not plan to resign from the Legislature, even if he’s convicted.
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Information from: Albuquerque Journal, http://www.abqjournal.com
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