A judge has dismissed a DWI case against an Albuquerque police officer, Jonathan Franco, after ruling the Bernalillo County Sheriff’s Office checkpoint where he was stopped was unconstitutional.

Checkpoint Ruled Unconstitutional

The ruling means prosecutors cannot move forward with the case for now. The dismissal was without prejudice, meaning the case could be refiled, or the state could also appeal the ruling.

Franco was stopped at a DWI checkpoint near Unser Boulevard and Rainbow Boulevard on May 3 and 4, 2025. He was accused of driving drunk with a child in the vehicle.

The judge said the case did not collapse because of lack of evidence. Instead, the court found the state failed to prove the checkpoint was planned and operated in a constitutional way under New Mexico law.

In New Mexico, courts weigh eight factors when deciding if a sobriety checkpoint is lawful. Two of the most important are whether supervisory law enforcement personnel — not field officers — selected the site and procedures, and if officers’ discretion was clearly restricted.

A major issue in the ruling involved Deputy Marquez, a sheriff’s deputy who testified about the checkpoint’s planning and operation. Prosecutors argued his role was enough to satisfy the supervisory requirement, but the judge said otherwise.

The court also found the state did not clearly show officers’ discretion was tightly limited at the checkpoint.

Implications of the Ruling

The ruling could have broader implications for other defendants stopped at that same checkpoint.

Anyone else who was charged at that point can certainly challenge their convictions if they were at that checkpoint.

Original reporting: KOAT Albuquerque — read the source article.