Serving the High Plains

Dominguez DWI charge dropped

The municipal judge continues to be suspended without pay.

A DWI charge against a Tucumcari municipal judge has been dismissed due to the lack of probable cause for the traffic stop in February that led to his arrest by New Mexico State Police.

The motion to not pursue the case was entered on April 10 by Fourth Judicial Deputy District Attorney R. Lance Miller before Harding County Magistrate Judge Karen Mitchell in Tucumcari.

Quay County Magistrate Judge TJ O’Quinn and the 10th Judicial District Attorney’s Office requested and received a recusal from the case in February.

Dominguez was arrested Feb. 4 by the New Mexico State Police after he failed a field sobriety test. Dominguez was charged and booked for DWI following a subsequent breath test determined his breath alcohol content was .09.

Dominguez’s attorney, Donald Schutte, was not available for comment.

As a result of the arrest the New Mexico Supreme Court suspended Dominguez without pay on Feb. 22 pending the criminal proceeding of the DWI arrest. The New Mexico Judicial Standards Commission filed a petition in the State's Supreme Court for the temporary suspension.

Despite the dismissal, the commission requested the suspension be upheld while an investigation continues into Dominguez’ conduct.

“Unless there is an order issued from the New Mexico Supreme Court the suspension is still in place,” said Randy Roybal NMJCS executive director.

Roybal declined comment on the status of the NMJCS investigation.