Shaharazad Booth | شهرزاد بوث

Shaharazad McDowell Booth is a criminal law, divorce, custody, child support, and personal injury attorney who specializes in DWI cases. She was a prosecutor for more than seven years, and during that time, she prosecuted several first-degree murder cases and kidnapping cases. She has also prosecuted every type of DWI and trained police officers on DWIs and trial advocacy.

Shaharazad won the Domestic Violence Prosecutor of the Year Award in 2012 and Community Hero Award in 2015 for her work on domestic violence cases. She is a member of the New Mexico State Bar and New Mexico Criminal Defense Lawyers Association.

She graduated with a Bachelor of Arts degrees in both communications and political science. She earned her JD from the University of Arkansas Bowen School of Law in 2011. She speaks fluent Farsi.

She is admitted to practice under the New Mexico State Bar. Friends and clients also call her Sherry.

Practice Areas

• DWI
• Personal Injury
• Criminal Law
• Family Law

DWI

Being charged with violating DWI laws in New Mexico can be a very upsetting experience. Here are some basics on what the charge means and how a DWI attorney can help.

DWI Laws in New Mexico
Every state considers drive while under the influence of alcohol a serious offense. Most states also address driving under the influence of other drugs. The DWI laws in New Mexico are located in NM Statute 66-8-102. If you compare all the DWI laws in the United States, New Mexico falls right in the middle in terms of harshness.

New Mexico outlaws driving under the influence of alcohol as well as driving while “under the influence of any drug to a degree that renders the person incapable of safely driving a vehicle.” Law enforcement around the country struggles with measuring drug-induced impairment, and New Mexico is no different. The law has no clear standard, and each police force and prosecuting attorney may look at the issue differently.

Alcohol standards are clearer and easy to measure. The law sets the legal driving limit at .08 blood alcohol. New Mexico also has a lower level of .04 for commercial drivers. We also have an aggravated rule that imposes higher sentences for a .16 or higher blood alcohol level. You can be charged with the aggravated level if you cause an injury while driving or refuse to submit to a test.

First-time DWI drivers can face up to 90 days in prison and a $500 fine. Judges often impose a “suspended” jail sentence that does not need to be served if the driver goes on probation and completes other requirements. Probation can also be imposed for up to one year, and the driver must be sentenced to at least 24 hours of community service. The driver must participate in screening, education, and rehabilitation programs as well. A first-time offender must spend 48 hours in jail if he or she fails to follow through on these programs, or commits any of the aggravating factors such as blood alcohol levels of .16 or higher.

The punishments worsen for repeat offenders. Second and third convictions can result in a jail term of up to 364 days and a fine of up to $1,000. Four days of actual jail time, 48 hours of community service and a $500 fine is mandatory for second-time offenders. Third-time offenders must have 30 days in prison, 96 hours of community service, and a fine of $750. Second and third-time offenders must also spend 28 days living in a rehab facility and then 90 days in an outpatient program.

On a fourth conviction, the DWI becomes a felony with a prison sentence of up to 18 months (six months is required). For a fifth conviction, it is up to two years in prison with one year required. After eight convictions, each one comes with a mandatory ten-year prison sentence.

Motor Vehicle Division penalties
If you have been stopped for a DWI, then you will face both a criminal proceeding and an administrative proceeding related to your license. The police officer is supposed to take your license on the spot if you are stopped while driving above the legal limit. The state’s Motor Vehicle Division will then revoke it for up to one year. For drivers over 21, the license will be revoked for six months on the first offense and one year for each offense after that. Any driver under 21 years old with .02 or higher blood alcohol levels will lose their license for one year. Commercial drivers lose their license for one year on the first offense and permanently on the second offense.

What are the steps to resolving a DWI charge in New Mexico?
A DWI case will typically be set for the first appearance before a judge within a matter of days. If you are in jail, then you are likely wondering what happens after you get arrested for drunk driving in New Mexico. This first appearance hearing is where the court will examine issues like bail and conditions of release. The second step is an arraignment where you will formally enter your plea of guilty or not guilty. This, however, can be waived if you have an attorney.

After the arraignment and first appearance, there will be a period called discovery where the prosecutor must share certain information related to the case with you or your attorney. A judge will often hold a pre-trial conference to discuss the case with the lawyers for each side. Plea negotiations are likely to occur as well.

If the case is not dismissed or settled, then it will go to trial. Each side will use witnesses to tell their story about what happened, and then a judge or jury will decide if you are guilty or innocent. If you are found guilty (or if you plead guilty), then the judge you will sentence you.

Personal Injury

I need a personal injury attorney
If you have been seriously injured, then you need to be prepared for a trial. Insurance companies will often put enormous amounts of effort into denying your claim. After all, their business model requires paying as little as possible. Attorney Shaharazad demands that all her clients are properly compensated, and she has seven years of trial lawyer experience to bring to bear on unwilling insurance companies. Call for a consultation today.

Personal injury in New Mexico
If you have been seriously injured, you should consider whether someone else should be responsible for your injuries. For example, I can help you determine weather a slip and fall was an accident or the fault of a business owner failing to keep the premises safe. Let me help you evaluate your situation, and determine what your injury is worth.

Comparative fault matters
New Mexico is one of a few states that follows the “pure comparative fault” doctrine. A judge-created law stating that someone who negligently causes an injury is only liable to the extent they are at fault. For example, imagine an accident caused by another driver cutting you off while you are speeding. You were somewhat at fault, because you were speeding, meaning you are entitled to nothing from the other driver.

In New Mexico, a judge or jury can examine the situation and divide up the fault. You might be 30% at fault, and the other driver might be 70% at fault. In that case, the other driver would have to pay for 70% of the damage caused by the accident. This comparative fault rule applies to virtually all personal injury cases in New Mexico, not just car crashes. I will help you navigate these complicated issues and ensure that you are granted the compensation due to you.

Car accident cases
Some states have tried to limit the rights of accident victims by enacting “no fault” laws forcing them to take all claims to their own insurance carrier. New Mexico is considered a “fault” state, so drivers still retain all their options. Accident victims can file a claim with their own carrier, file a claim with the other driver’s carrier, or simply file a lawsuit against the other driver’s insurance carrier. An experienced lawyer will be able to pull in experts like accident reconstructionists that can evaluate the cause of the crash and help understand who was truly at fault and how much damage they caused.

Slips and falls
Anyone that opens their property up to the public has an obligation to keep it reasonably safe. This means ensuring safe sidewalks, keeping floors clear of slippery messes, and preventing customers from hurting each other. If you have been injured by a piece of equipment or by simply falling, then you may not even know who could be responsible for the injury. A lawyer can help you determine who may be responsible and whether they have the ability to pay.

Criminal Law

A strong advocate is important in every brush with the law.

In 2016, New Mexico showed the highest property crime rates in the country. We have challenges with substance abuse and socioeconomics, but we also sit at a geographical crossroads of major interstate highways that are popular with drug traffickers. Politicians of every stripe in New Mexico are promising to fight back and focus on cracking down on violent crime and repeat offenders. We all want to live in a safe community, but aggressive police tactics often ignore the fundamental rights of an accused person.

New York City Mayor Rudy Giuliani is probably the best known advocate for so-called “broken windows policing,” where police crack down on minor offenses like vandalism, because it encourages less more serious crime. The idea seemed to work, since as New York City became much safer. If you look into it though, crime also fell everywhere else in the country. Most experts say tough policing may have helped, but crime largely dropped nationwide because of demographic changes, an improving economy, a break in the crack cocaine epidemic, and increased prison terms for repeat offenders.

The rights of the accused can fall by the wayside during aggressive policing efforts. An experienced lawyer can fight for your rights to remain silent, to have a speedy trial, to fair release terms while awaiting trial, and to security from unreasonable police searches. A criminal lawyer in New Mexico can help protect your rights.

Anyone accused of a crime must understand that the outcome of their case is likely to be determined in an informal negotiation with the prosecutor. Many people charged with a crime imagine defending themselves in front of a jury in a dramatic courtroom battle. If your case goes that far, then you certainly want an experienced trial lawyer on your side. You also want an experienced negotiator. Research shows that in some areas 81% to 97% of convictions were the product of guilty pleas.

Family Law

Family attorney in New Mexico
Unfortunately, most people only see a family lawyer New Mexico under unpleasant circumstances. The bulk of our family law work is divorce cases and related issues of property division, child custody, and child support.

Divorce in New Mexico
First, you need to understand that New Mexico will only grant divorces if one of the spouses has lived in New Mexico for at least six months. It does not matter where you were married, though.

New Mexico has both fault and no-fault divorce. No-fault divorce is a relatively new concept that was created in California in 1969 and spread to New Mexico in 1973. Before then, a couple could only get divorced if one spouse did something wrong. New Mexico’s remaining fault grounds for divorce are cruel and inhuman treatment, adultery, and abandonment. You can still seek a divorce for one of these reasons, but it is rarely worth the effort.

Today, most people seek divorce on grounds of “incompatibility.” In the law, that means that “because of discord or conflict of personalities, the legitimate ends of the marriage relationship are destroyed preventing any reasonable expectation of reconciliation.” In other words, each spouse wants to go their separate way even though neither one necessarily did anything “wrong.”

You should not confuse “no-fault” and “uncontested” divorce. It is true that some no-fault divorces are simple. Recent research shows that 29% of households have less than $1,000 in savings. That means for many couples, a divorce is as easy as splitting up their savings account and moving out of their apartment. They may even choose to hire one lawyer to help them finalize the divorce together.

A no-fault divorce can be highly contentious, though. The divorce itself is not actually difficult. The difficult part is settling on related issues. A divorce case proceeds a lot like any other court case. The spouse seeking a divorce will first file a petition asking for a decree of dissolution of marriage and custody, support, and property if applicable. The other spouse will then have a chance to respond. If necessary, there will be a period of “discovery” where each spouse can request information from the other one. Most couples will come to an agreement on their divorce at some point in this process, but if they do not, then the divorce will go to a trial where each couple will bring witnesses and documents to help make their case to the judge.

Property division in divorce
When you are married, everything you own is classified as either (1) separate property or (2) community property. Separate property includes everything you had before marriage, any gifts given directly to you during the marriage, and any inheritance you have received. New Mexico will also uphold a written agreement that designates some of your property as separate.

Anything that is not a separate property is community property, and you must split community property during a divorce. The split is almost always 50/50, but one spouse can seek to adjust the division. One spouse may seek more of the property because the other one was spending money on a mistress, for example. Couples also often have disputes over whether something is community property. For example, a classic car that one spouse brought into the marriage and invested a bunch of time and money in, could go either way.

A spouse can also seek support, or what many states would call alimony, in some circumstances. The law lays out some goals of spousal support. One goal is rehabilitation. Another is transitional to help one spouse get back on his or her feet. A lump sum payout of separate property can also be ordered if the judge thinks it would be fair.

Child custody and support
Child custody and support issues can come up anytime you have parents living apart. The first step to getting support from your child’s other parent is to establish legal parentage. Establishing a child’s mother is usually obvious. Establishing fatherhood is a bit more complicated. New Mexico, like other states, has a long list of things that can make someone the legal father of a child. This includes things like being the mother’s husband at the time of birth or claiming paternity at the time of birth. Of course, in a parentage dispute, DNA testing can come into play.

Once someone is established as the parent of the child, he or she is given some serious legal rights and responsibilities. The responsibility of supporting a child is perhaps the most important. New Mexico law presumes that joint custody is best for children. Both spouses are responsible for supporting the child, and the parent that has less money and/or has the child more can get financial assistance from the other parent.

Contact Shaharazad Booth

• Phone
  +1 575 323 8233
• Office
  135 W Griggs Ave,
  Las Cruces,
  NM 88001,
  United States