Pretrial diversion programs have recently gained popularity in New Mexico and elsewhere in recent years. In these cases, defendants with no prior criminal history can get their charges dropped in exchange for successfully completing a probation sentence. They are among the many scenarios in which a criminal court can do something other than definitively declare a defendant innocent or guilty. If the criminal case is related to hit-and-run, DWI, vehicular manslaughter, or another crime relating to car accidents, people injured in the car accident have the right to file a personal injury case in civil court regardless of the outcome of the criminal case or investigation. If you were injured in an accident where the at-fault driver entered a pretrial diversion program, contact a Santa Fe car accident lawyer.
New Year Begins With Fatal Pedestrian Crash
The first accident happened at the beginning of 2026. People who anxiously follow the news wake up on January 2 and breathe a sigh of relief that they have once again survived peak DWI season, which begins several days before Thanksgiving and ends on New Year’s Day, coinciding with the winter holidays. Things quickly took a turn for the worse this year in Farmington, though. Just after midnight on January 2, a young man driving a pickup truck struck a pedestrian near the intersection of New Mexico and County Road 8501 in San Juan County. The victim was a 15-year-old girl.
In March, the driver, who was 18 years old at the time, was charged with knowingly leaving the scene of an accident resulting in serious bodily injury or death and with driving without a valid driver’s license. The first of those charges is a third-degree felony. The court admitted him to a pretrial diversion program, where he entered a provisional plea of no contest. In such programs, the court drops the charges if the defendant successfully completes the program, which usually amounts to a probation sentence, but changes the plea to guilty if the defendant violates the terms of the pretrial diversion program, including, but not limited to, receiving another criminal conviction.
Same Driver Strikes Pedestrian and Her Pet Dog Months Later
The driver did not successfully complete the pretrial diversion program, though. In August, a woman was walking her dog when a GMC Canyon struck them, fatally injuring them both. The driver left the scene of the accident. The mother of the young man who had caused the accident in January called the police and told them that she believed that her vehicle had been involved in the accident that they were investigating. When police questioned the son, he said that he knew that he had hit something, but he did not stop because he believed that he had hit a deer.
Because the defendant caused another hit-and-run accident, the court refiled his criminal charges from the January incident, terminating his pretrial diversion program. They also filed new charges for DWI resulting in death and for cruelty to animals.
Contact Slate Stern About Car Accident Lawsuits
Slate Stern is a personal injury lawyer who represents plaintiffs injured in car accidents in New Mexico. Contact Slate Stern in Santa Fe, New Mexico, or call (505)814-1517 to discuss your case.
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