LAS CRUCES, N.M. (KTSM) – The drunk driving case against a Las Cruces Police officer has been dismissed, but it does not mean she is off the hook, the district attorney’s office said.
Stephanie Carbajal, a Las Cruces Police Department officer, was arrested on suspicion of drunk driving on Oct. 25 after she was seen driving just 10 mph on Highway 70. Her case was dismissed on Tuesday but not the way most cases are dismissed.
The Dona Ana County District Attorney’s Office filed a Nolle Prosequi without Prejudice on Dec. 4, which will allow the prosecutors more time to collect evidence and then present the case.
“Filing a Nolle Prosequi without Prejudice allows The District Attorney prosecutors to refile this case,” said District Attorney Mark D’Antonio in a written statement. “That procedure allows our office more time to collect all evidence necessary for prosecution. Due diligence is the standard by which our office will present all cases, currently, under the Rule 6-506 182 day rule, judges can dismiss a case with prejudice, if all evidence is not disclosed to the defense preventing further proceedings against the defendant.”
At the time of her arrest, Carbajal refused to take a field sobriety test or breath test, resulting in an automatic aggravated DWI charge. She has been put on administrative leave.