AZTEC — A Dulce woman has been charged with aggravated DWI and child abuse after police alleged she was impaired while driving with a child passenger during a May 18 traffic stop near Aztec, according to a criminal complaint filed in Aztec Magistrate Court.
Kiersten Faith James, 25, faces one misdemeanor count of aggravated DWI refusal, one third-degree felony count of child abuse not resulting in death or great bodily harm, and several additional traffic-related charges, according to court records.
All charges are allegations based on court records, and the defendant is presumed innocent unless proven guilty in a court of law.
According to the statement of probable cause, an Aztec police officer reported observing a silver GMC passenger vehicle traveling 55 mph in a 35 mph zone near South Main and South Church streets at approximately 4:17 p.m. May 18. The affidavit states the vehicle continued through multiple intersections before eventually stopping in a Safeway parking lot off South Main Avenue.
Police alleged James told officers she did not realize they were attempting to stop her.
The complaint states officers reported observing bloodshot and watery eyes, slurred speech and the odor of alcohol while speaking with James. Officers also alleged James provided inconsistent statements about whether she had consumed alcohol and whether she had been driving the vehicle.
According to the affidavit, officers also received a driving complaint involving a similar vehicle that allegedly had been swerving, nearly sideswiped another vehicle and briefly drove onto a sidewalk while traveling toward Aztec.
Court records state officers located a child inside the vehicle during the stop. The affidavit alleges the child was not secured in a proper restraint device.
According to the complaint, officers alleged James did not complete field sobriety testing and later declined to provide a breath sample after being advised of New Mexico’s implied consent law.
The affidavit states officers also reported finding an open container of alcohol during the investigation and alleged James did not have proof of insurance or a valid driver’s license in her possession during the stop.
CHARGES FILED
- Aggravated DWI (refusal to submit to testing)
- Child abuse not resulting in death or great bodily harm
- Resisting, evading or obstructing an officer by refusal to stop
- Speeding
- No seat belt
- Child not in restraint device
- Driver’s license not in possession
- No insurance
- Open container possession
CASE STATUS
Court records show prosecutors filed an entry of appearance, disclosure documents and a witness list on May 21.
SOURCE
According to a criminal complaint and statement of probable cause filed in Aztec Magistrate Court.