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When is a dog considered a public nuisance?

If you are the owner of a dog in New Mexico, it is your responsibility to properly care for your pet and to ensure it does not become a public nuisance. According to Animal Protection of New Mexico, an animal that is a public nuisance causes annoyance or trouble for a number of other people. There are different ways your pet could be considered a public nuisance. If you do not stop the behavior or the issues that are causing the problem, you could be charged with a misdemeanor offense.  

One way your pet could be labeled a nuisance is if it is not properly vaccinated against rabies. Allowing your dog to run loose, especially if it is a labeled vicious dog or a female dog in heat, is also labeled as a nuisance.

Avoiding probate for small estates

You often hear estate planning experts in Roswell espouse the wisdom in avoiding having an estate go to probate. This is due to the fact that the cost of probate is taken directly from an estate's assets, which could lower each beneficiary's interest in it. For this reason, many come to us here at the Sanders Law Firm after the death of a loved one panicking that they will lose almost the entire value of the decedents' estates in probate costs. If you share the same concern, not to worry; there is a simple method to avoiding probate (even when a decedent took no action to do so while he or she was still alive). 

According to Section 45-3-1201 of New Mexico's Uniform Probate Code, you can bypass the probate process altogether in the following situation: 

  • You are entitled to property from your loved one's estate
  • At least 30 days has passed since his or her death
  • The total value of his or her estate (less liens and encumbrances) is no more than $50,000
  • There is no applications for the appointment of a personal representative for the estate pending

Can breath test results be challenged?

The shared image that most in Roswell have in reference to drunk driving it likely that of a person outside his or her car blowing into a handheld device under the supervision of a law enforcement officer. Despite measuring one's breath, the actual reading being sought is the alcohol content in one's blood. This might immediately prompt the question of how can a breath measurement say anything abouit your blood? Furthermore, how accurate is such a measurement, and should it be viewed as the sole factor when determining if you are guilty of driving under the influence?

You ingest ethanol alcohol when you drink. That ethanol eventually makes its way to your bloodstream before taking a long journey around your body and eventually ending up in your lungs, where it is vaporized into a gas and escapes your body when you breathe. According to The Alcohol Pharmacology Education Partnership, using your breath to measure your BAC requires assuming that the alcohol content in air you breathe is directly proportional that which is in your blood (yet not equal). A conversion factor is needed for authorities to understand what you BAC based of the alcohol content of your breath. 

Detailing power of attorney expectations

As you prepare to dive deep into your estate planning in Roswell, it is important to remember that during this process, you should not only consider what will happen after you are gone, but also what could potentially happen towards the end of your life. Many come to us here at the Sanders Law Firm wondering how to best prepare for the event that they lose the ability to care for themselves (either through incapacitation or other means). If you share the same concern, then you should consider granting a trusted family member or friend power of attorney. 

Power of attorney privileges basically allow another to make important decisions on your behalf. Granting such authority might seem disabling, but not to worry; simply granting power of attorney does not give someone else complete power over your life. New Mexico state law imposes strict accountability standards on those who have been given this responsibility, requiring them (in general) to act in your best interests (and to the expectations that you hold for them), as well as in good faith and in no way exceeding the exact authority that you specify for them. 

Working conditions and personal safety

Many residents of New Mexico are familiar with the phrase "personal injury," but few are aware of the complexities that can surround such incidents. An injury on the job may not seem likely until it has happened in the blink of an eye. While most New Mexico employers are required by law to provide workers' compensation insurance coverage to employees, the details of these regulations can quickly overwhelm those who are already struggling after an accident. 

Knowing the laws that surround workers' compensation may not always prevent an accident, but awareness can prove beneficial when navigating the system. New Mexico's Workers' Compensation Administration states that safety is a top priority, regardless of the work environment -- and that preventing workplace accidents can help more than the parties involved in a claim. Avoiding dangerous situations can result in cheaper insurance costs and a safer environment altogether. With this said, the WCA notes that the state's workers' compensation law requires a large number of employers to undergo annual safety inspections. Employers who refuse to provide proper safety equipment for all workers could face penalties, depending on the situation. 

Can I get a home loan after bankruptcy?

While nobody likes to admit defeat, sometimes throwing in the towel is the thing to do. Roswell residents who worry that they cannot buy a home after filing for bankruptcy can relax. It will take some time and some work, but you can still achieve the dream of homeownership. explains that you can expect your credit score to take a hit, but rebuilding your credit and getting a home loan is certainly something you can realize. Once your bankruptcy is final, take these actions to begin repairing your credit.

Update an estate plan throughout your life

Drafting a will and getting an estate plan in order helps ensure the fulfillment of your final wishes after you’ve passed. Even after you’ve drafted an initial estate plan it’s important to keep this documentation up to date throughout the rest of your life.

It may seem as though your existing will is ironclad and represents exactly what should happen when you’re gone. The reality is that many aspects of a person’s life can change and have an impact on an estate plan over time. Some positive and negative life changes can prompt an update to a will, so consider some of the main milestones that could affect your long-term plans.

Driverless car technology and consumer trust

Most people in New Mexico have no doubt heard reports about autonomous vehicles being tested and some even being involved in accidents, including a fatal accident that left a pedestrian in neighboring Arizona dead earlier this year. With so much media attention focused on this technology, it is important for consumers to better understand it so that they can make informed decisions about their views on the matter.

Bloomberg explains that self-driving cars rely on multiple technologies to capture data as a vehicle drives. Cameras, laser-based sensor systems, radar and more all collect information that is then processed by a computer to inform the vehicle what to do when. This is akin to the human brain receiving information from a driver's eyes and ears and then making choices based on that data.

New device said to detect THC by breath

Most people in New Mexico are aware that law enforcement officers routinely use breath test devices to detect alcohol in a driver's system and to measure the amount of alcohol found. This measurement is based on parts per thousand. THC, the active ingredient in marijuana, is said to be far less concentrated than alcohol making detection by breath extremely difficult if not impossible. One company from California appears to be on a mission to make this possible.

As reported by National Public Radio, a business owned by a deputy reserve sheriff and trauma doctor is said to have developed a device that actually detects THC in a person's system by breath. Instead of waiting multiple days for results, this unit returns data in four minutes. There are important things to know about this unit that may make one skeptical about its effectiveness. For starters, it must be kept at a constant temperature which could pose a problem in the extreme New Mexico heat.

Tips for co-parents as kids go back to school

The summer days are coming to a rapid end with kids going back to school in the coming weeks. Every parent feels the transition to school days approaching, but individuals who are co-parenting with a former spouse have added challenges to face come August and September.

What can you do to ease back into the school year without disrupting the dynamics between children and parents? Every family handles it differently, but here are a few tips to keep in mind as you consider the best plan of action for your situation.

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701 West Country Club Road
Roswell, NM 88201

Toll Free: 866-755-7229
Phone: 575-578-4392
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4801 Lang NE
Suite 110
Albuquerque, NM 87109

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Hobbs, NM 88240

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1990 E Lohman Ave
Las Cruces, NM 88001

Phone: 575-222-1111
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1100 Sudderth Dr
Ruidoso, NM 88345

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