Form 9-415.1. Notice of dismissal – DWI felony and non-felony cases.

[For use with Magistrate Court Rule 6-506.1 NMRA, Metropolitan Court Rule 7-506.1 NMRA and Municipal Court Rule 8-506.1 NMRA] STATE OF NEW MEXICO [COUNTY OF _______________] [CITY OF ________________] IN THE __________________ COURT [STATE OF NEW MEXICO] [COUNTY OF ___________________] [CITY OF _______________________] v. No. __________ _______________________________, Defendant. NOTICE OF DISMISSAL (DWI) The above-captioned case is a (check applicable alternative) [ ] DWI FELONY CASE [ ] DWI NON-FELONY CASE The criminal complaint filed in this case is dismissed without prejudice pending further investigation. Notice to Defendant: This dismissal does not affect any license revocation proceedings by the Motor Vehicle Division (MVD). License revocation proceedings are separate from the criminal case. If you received a Notice of Revocation, you must contact MVD and comply with that notice. The state may refile the same criminal charges, or others resulting from the same incident, at a later time. In case charges are refiled, you must ensure that the court has your current contact information (mailing address, phone number, and email) to avoid a bench warrant being issued for your arrest. If your contact information changes at any time, please notify the court as soon as possible. ____________________________________ Prosecutor CERTIFICATE OF SERVICE I hereby certify that on this ______ day of ______________, _________ this notice was [mailed by United States mail, postage prepaid, and addressed to: Name: ________________________________________________________________ Address: ______________________________________________________________ City, State and Zip Code: _________________________________________________] [faxed by ______________________________ (name of person who faxed) to the defendant. The transmission was reported as complete and without error. The time and date of the transmission was __________ [a.m.] [p.m.] on _________________ (date).] [e-mailed by _______________________________________________ (name of person who transmitted) to ______________________ at ______________________ (electronic address of recipient) which is the address on file with the clerk of the Supreme Court. The transmission was successful. The time and date of the transmission was ____________ [a.m.] [p.m.] on __________________ (date).] ____________________________________ Signature of Attorney ____________________________________ Date of signature If this notice was served by a person other than an attorney, the following must also be completed and filed with the court. AFFIDAVIT OF SERVICE I declare under penalty of perjury that a copy of this notice of dismissal was served by [mail] [fax] [electronic transmission] as described above on this ____________ day of ______________, ________. ____________________________________ Signature of person who made service Subscribed and sworn to before me this ________ day of ____________, ________. ______________________________ Judge, notary or other officer authorized to administer oaths ______________________________ Official title