Since 2017, nearly every DWI case where Albuquerque Police Officer Honorio Alba made the arrest and Thomas Clear was the defense attorney ended up getting dismissed.
The New Mexico Inspection of Public Records Act is a series of laws designed to guarantee that the public has access to public records of governmental bodies. The New Mexico Statute 14-2-6 states that records include "all documents, papers, letters, books, maps, tapes, photographs, recordings and other materials, regardless of physical form or characteristics, that are used, created, received, maintained or held by or on behalf of any public body and relate to public business, whether or not the records are required by law to be created or maintained.”
Anyone can request public records and no statement of purpose is required. The law does place a restriction on the use of police reports. They cannot be used to solicit victims for services. The New Mexico Inspection of Public Records Act allows for three days for a response to a records request.
