Proposed bill seeks to allow toxicologists, lab analysts to testify via video call in New Mexico
Jan 20, 2025
NEW MEXICO (KRQE) – Video calls in court became a common sight during COVID; now, one state lawmaker is proposing a bill making it easier for DWI toxicology experts to testify in court via video. State Representative Andrea Reeb (R-Clovis) said the bill would help the courts work through DWI cases faster.
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"I actually proposed this bill in the last 60-day session and got some good traction on it," Reeb said. Her bill would allow lab analysts or toxicologists to appear in court via video call. "We had all of these DWIs and testimony that required a toxicologist to travel basically all across the state and spend a whole day traveling instead of being in the lab," Reeb said; in turn, backing up the DWI cases in the state.
She said her bill would free up time, save travel costs, and allow for swift justice. "There is always the issue with the confrontation clause, and you should be able to be right there is the argument, right there in front of the person that's accusing you and cross-examine them face to face," Reeb said, "But, that mentality is changing and when we have just a handful of toxicologists and experts that can you know actually do this and when we take them out of the lab it just pushes crime further down the road and cases farther down the road." Reeb said this forces cases in some instances to get dismissed.
The New Mexico Public Defender's Office has some concerns about the bill: "It's important to balance efficiency and saving time with people's rights. And I think too often we're willing to kind of sacrifice some rights for the sake of moving things more quickly," said Bennett Baur, chief public defender for the State of New Mexico.
Baur also has concerns about which branch of government should take up this question: "I have concerns about the legislature passing laws rather than discussion among, and in the end, decision by the [State] Supreme Court." He did say he thinks they can find common ground on this bill.
Representative Reeb said she got this bill through the House in the last 60-day session in 2022. She's hopeful bipartisan support this year will get it to the governor's desk.