In New Mexico, understanding and adhering to traffic laws is paramount for all motorists. Responsible driving not only reduces accident risks but also enhances road safety for everyone.
Traffic violations jeopardize safety and impact driving privileges, records, and insurance costs. Accumulating demerit points from violations can increase insurance premiums and potentially lead to license suspension or revocation.
The New Mexico Motor Vehicle Division (NM MVD) and New Mexico State Police (NMSP) are crucial in enforcing traffic laws. The NM MVD issues driver's licenses, manages driving records, and oversees the point system, which tracks violations and assigns points based on severity.
Additionally, the NM MVD ensures vehicle registration and insurance compliance to maintain essential road safety standards. Complementing these efforts, the NMSP enforces traffic laws on highways and state roads.
Their duties include monitoring traffic, enforcing speed limits, issuing citations, and responding to accidents. They play a pivotal role in driving under the influence (DUI) enforcement, so impaired drivers are apprehended and prosecuted. By maintaining a visible presence, the NMSP deters violations and promotes safe driving practices.
What Are the Major Traffic Violations in New Mexico?
Traffic violations in New Mexico fall into two categories: criminal and non-criminal. Criminal violations, such as DUIs or hit-and-runs, may result in imprisonment, fines, license suspensions, forfeiture, and other penalties.
In contrast, non-criminal violations, like speeding or failing to signal, typically lead to fines, license suspensions, or other penalties but do not include imprisonment.
Criminal traffic violations are further classified as felonies or misdemeanors based on the offense's severity, the offender's criminal history, and any aggravating or mitigating circumstances. Municipal Courts in New Mexico adjudicate these traffic law violations.
Unlicensed and Suspended License Driving
As per New Mexico Statutes Annotated (NMSA) Section 66-5-2, all drivers in New Mexico must have a valid license while driving on state highways. Driving without a valid license, whether suspended, revoked, or never issued, is prohibited.
Unlicensed driving is a misdemeanor, punishable by up to $300 in fines, 90 days in jail, or both. Drivers who are licensed but not carrying their license can face the same penalties but can avoid conviction by presenting their license in court.
Exceptions include non-resident drivers with valid out-of-state or foreign licenses, military personnel driving military vehicles, and farmers operating tractors. Off-highway motorcycles do not require a license.
Driving with a suspended license, which is a temporary withdrawal due to violations, is a misdemeanor with penalties of up to $1,000 in fines, four to 364 days in jail, an extended suspension, and a 30-day vehicle immobilization.
Meanwhile, driving with a revoked license, which is a permanent cancellation due to severe violations, results in similar fines and an additional one-year revocation.
For DUI-related revocations, penalties include seven to 364 days in jail, $300 to $1,000 in fines, an additional one-year revocation, and 30-day vehicle immobilization, with no possibility of sentence reduction or plea-bargaining.
Speeding
Speeding in New Mexico is subject to strict regulations and penalties. Under NMSA Section 66-7-301, drivers must follow both absolute speed limits and the basic speeding law, which requires maintaining a safe speed to prevent collisions given the road and traffic conditions.
The absolute speed limits in New Mexico are:
- 75 miles per hour (mph) on highways
- 35 mph in business and residential areas
- 15 mph in posted school zones
Fines for exceeding these limits vary based on the speed. For instance, driving up to 10 mph over the limit results in a $25 fine, while exceeding the limit by 11 to 15 mph incurs a $30 fine.
As speeds increase, so do the fines. A speed of 16 to 20 mph over the limit results in a $65 fine, 21 to 25 mph over the limit incurs a $100 fine, and 26 to 30 mph over the limit leads to a $125 fine.
Speeds exceeding the limit by 31 to 35 mph attract a $150 fine and going more than 35 mph over the limit results in a $200 fine. Enhanced fines apply in construction zones.
In addition to fines, speeding violations typically add three to eight points to a driver's record. Severe infractions may lead to reckless or careless driving charges, and if speeding results in a fatality, vehicular homicide charges may be pursued.
Reckless and Careless Driving
Reckless driving is a serious offense in New Mexico. As per NMSA Section 66-8-113, it involves driving carelessly and heedlessly, showing a willful disregard for the safety of others. This includes driving without caution, at dangerous speeds, or in a manner that endangers people or property.
Penalties for a first reckless driving conviction include 5 to 90 days in jail and/or fines ranging from $25 to $100. Subsequent offenses can lead to ten days to six months in jail and/or fines between $50 and $1,000. A conviction also adds six demerit points to the driver's record, with the possibility of a 90-day license suspension by the NM MVD.
Meanwhile, careless driving involves inattentive or imprudent driving, considering road conditions. It carries penalties of up to 90 days in jail and/or a maximum fine of $300 and adds three demerit points to the driver's record.
In some cases, DUI charges may be reduced to reckless driving, known as a "wet reckless," though this depends on specific circumstances.
Driving Under the Influence
NMSA Section 66-8-102 prohibits driving under the influence of alcohol or drugs that impair safe vehicle operation. This includes a blood alcohol content (BAC) of .08% or higher or .04% or more for commercial drivers. DUI charges may be based on BAC or actual impairment.
A first DUI offense in New Mexico, classified as a misdemeanor, can result in up to 90 days in jail, fines up to $500, and at least 24 hours of community service, along with mandatory substance abuse screening and education.
A second offense includes 96 hours to 364 days in jail, $500 to $1,000 in fines, and 48 hours of community service, plus treatment. A third offense carries 30 to 364 days in jail, $750 to $1,000 in fines, and 96 hours of community service, with mandatory treatment. A fourth offense is a felony, punishable by 6 to 18 months in prison.
Aggravated DUIs involving injury or a BAC of .16% or higher increase mandatory jail time. License penalties include immediate revocation for six months to a year after arrest, with longer revocations and ignition interlock requirements after conviction.
Refusing BAC testing leads to a one-year license revocation. Underage drivers with a BAC of .02% or more face a one-year suspension.
Hit-and-Run
New Mexico established laws to prevent hit-and-run incidents. Motorists must stop at the scene of an accident and provide their name, address, phone number, vehicle identification number, and insurance details.
In cases of injury, they must assist by calling paramedics or transporting the injured person for treatment if requested. If the property is damaged and the owner is absent, drivers must leave contact information for damage coverage.
Criminal penalties for hit-and-run offenses vary based on severity. Minor damage can lead to misdemeanor charges, resulting in up to a $1,000 fine or 12 months in jail. More serious cases involve felony charges.
A fourth-degree felony applies to accidents causing serious or fatal injuries, with penalties of up to 18 months in prison or a $5,000 fine. A third-degree felony involves intentionally leaving the scene of an accident with serious injuries, punishable by a three-year prison term or a $5,000 fine.
Fatal incidents can result in a six-year prison sentence, an additional $5,000 fine, and potential driver's license revocation.
How Does New Mexico MVD's Point System Work?
New Mexico's driver's license point system is critical in determining auto insurance rates and license status. The point system aims to encourage safe driving habits and reduce traffic violations. The NM MVD assigns points for various traffic violations, and accumulating too many points can lead to serious consequences.
Severe violations include speeding over 26 mph above the limit, which incurs 8 points. Passing a stopped school bus, reckless driving, and racing each result in 6 points. Moderate infractions, like speeding 16 to 25 mph over the limit, attract 5 points, while failing to yield to an emergency vehicle results in 4 points.
Meanwhile, minor offenses carry fewer points. Careless driving, improper turns, and failure to signal each result in 3 points. Defective equipment, child restraint violations, and seatbelt violations are penalized with 2 points.
Drivers can refer to NM MVD's Point System Regulations and Schedule for a detailed list of traffic violations and their associated points.
Consequences of Accumulating Traffic Violation Points in New Mexico
The NM MVD enforces penalties for traffic violation points based on their accumulation within a year. Six points accumulated result in a warning letter detailing potential future penalties.
For 7 to 12 points within a year, drivers face a possible license suspension of up to three months, as determined by a judge. The court sends the suspension order to the NM MVD, which then enforces the suspension.
Reaching 12 points within 12 months leads to a mandatory 12-month license suspension. The NM MVD issues a notice of suspension that specifies the start date and the right to appeal.
Drivers can request an administrative hearing to challenge the suspension, which includes reviewing their driving record. However, successfully overturning the suspension is unlikely.
Expunging License Points and Reinstating Suspended Licenses
In New Mexico, license points are automatically expunged 12 months after the violation date. While defensive driving courses do not directly reduce points, they can lead to the dismissal of certain traffic offenses by some courts, thereby preventing additional points from accumulating.
Drivers who accumulate too many points and face a license suspension must meet specific conditions to have their driving privileges reinstated after serving their suspension.
They must complete an approved driver improvement course within 90 days before applying for reinstatement. Additionally, they are required to pass both the written driver's examination and the vision test administered by the NM MVD.
What Is the Process for Handling Traffic Tickets in New Mexico?
A traffic ticket, also known as a citation, is an official notice that a driver has breached traffic laws in New Mexico. Depending on the severity of the offense, the recipient must either appear in court or pay the designated fines.
Paying the Ticket
Paying a traffic ticket in New Mexico is considered an admission of guilt and a waiver of the right to contest the ticket in court. Depending on the violation location, the case may be heard in a District, Municipal, or Magistrate Court.
Traffic offenders can contact the court to confirm the available payment methods, such as in person, by phone, mail, or online. For example, traffic fines in Raton City can be paid in person or by mail, with cashier's checks or money orders directed to:
Clerk's Office
Raton Municipal Court
224 Savage Avenue, P.O. Box 65
Raton, NM 87740
Phone: (575) 445–8077
If drivers cannot pay the full fine at once, they may inquire about setting up a payment plan. Additionally, paying a ticket may result in penalties such as points on the driving record, which can increase auto insurance rates.
To make the payment process more convenient, the NM MVD offers the option to pay traffic tickets online through the MVD Online Services.
Motorists can pay traffic fines using the payment portal by selecting "Pay a Ticket/Citation" under "Payments and Refunds." They will need their citation number, date of birth, driver's license number, credit or debit card, and email address.
However, some payments may still need to be made in person at the local courthouse. Third-party services are also available on a subscription basis to handle ticket resolution or disputes.
Contesting the Citation
Contesting a traffic citation in New Mexico can be worthwhile if drivers believe the ticket was issued in error or they can prove their innocence. Those found guilty may face higher fines, court costs, and possible jail time.
To contest a ticket, drivers must attend an arraignment hearing on the specified date. However, courts, like Bernalillo County Metropolitan Court, allow phone arraignments or attorney representation for non-major offenses. Drivers should check the relevant court websites for contact details to inquire if such options are available.
Note that mandatory court appearances are required for serious offenses such as reckless driving, driving while suspended, or DUI, which are heard in Magistrate, Municipal, or Metropolitan Court. Meanwhile, felony cases, including vehicular homicide, are adjudicated in District Courts.
If drivers are unable to attend the scheduled hearing, they can request a new hearing date. During the hearing, the judge will inform the defendant of the charges and their legal rights, after which the defendant must enter a plea.
A not-guilty plea results in a trial or pre-trial conference for driving while intoxicated (DWI) cases. Defendants may request a jury trial and have the right to legal representation, including a court-appointed attorney for indigent offenders.
As mentioned above, penalties for convictions can include fines, court costs, community service, probation, driver improvement classes, or imprisonment. Conversely, a not-guilty verdict results in charge dismissal and no penalties.
How Are Accident Reports Handled in New Mexico?
In New Mexico, when an accident involves injury or death, motorists should call 911 and stay at the scene until law enforcement arrives.
New Mexico laws mandate that drivers report accidents immediately and file a written report with the New Mexico Department of Transportation within five days.
Accidents within municipalities require notification of local police, while those outside municipalities should be reported to the NMSP. Note that leaving the scene risks a hit-and-run charge.
Exchanging information with other involved parties is essential. Drivers should gather and share driver's license numbers, contact information, insurance details, and license plate numbers.
When the police arrive, it is crucial to provide accurate information without admitting fault. The police will use their observations and the information provided by drivers, passengers, and witnesses to complete the Uniform Crash Report (UCR).
The UCR provides a detailed account of the accident, incorporating factors such as road conditions, traffic control devices, time of day, lighting, sobriety, weather, and road design. This comprehensive report assists insurance companies in establishing fault.
When there are no injuries and damages are under $500, police involvement is not mandatory. Minor accidents can be reported at the nearest police station, and reports with significant damage or injuries are sent to the New Mexico State Traffic Records System (NMSTRS).
Drivers can obtain copies of the police report from the police station in the accident's jurisdiction or request them from the New Mexico Department of Public Safety for a fee.
What Should Drivers Know about Traffic-Related Arrests in New Mexico?
DUI, fleeing the scene of an accident, speeding, and failing to signal are common reasons for traffic arrests in New Mexico. Law enforcement must establish probable cause through observation or investigation before making an arrest.
Once probable cause is confirmed, the officer stops the vehicle, requests identification, informs the driver of the charges, and reads their Miranda rights.
Following the arrest, the driver is taken to a local detention center for booking, which includes a search, recording of personal belongings, fingerprinting, and a background check. The driver is also allowed a phone call, typically to an attorney.
Within 48 hours, the driver appears before a judge for an arraignment, where the charges, potential penalties, and their rights are explained.
Drivers have several rights upon arrest, including the right to refuse a search without a warrant and the right not to be detained for an unreasonable time. They also have the right to remain silent and understand that anything said can be used in court.
Additionally, they are entitled to bail, a trial by jury, and legal representation. If granted bail, the driver may be released pending trial; otherwise, they remain in custody. If bail is not granted, preliminary hearings are scheduled within ten days to ensure prompt review of the charges.
Exercising the right to an attorney is vital to protect against unlawful arrest and ensure fair treatment throughout the legal process.
Key Considerations and Legal Resources After a Traffic Arrest in New Mexico
After a traffic arrest in New Mexico, motorists must document all interactions and events related to the arrest. Keeping detailed records of the arrest process, including officers' behavior and statements made, is essential for a strong legal defense.
Another important consideration is the Ten-Day Rule. This rule mandates that if a driver cannot post bond, the state must submit the case for a preliminary hearing or a grand jury proceeding within ten days. If they fail to meet this deadline, the driver gains automatic release.
Traffic offenders can seek assistance through various legal sources, including the New Mexico Federal Defender's Office, which offers help for those unable to afford private attorneys. Additionally, local legal aid organizations and bail bond services can assist in securing release from detention.