Was your trip to New Mexico ruined by a
traffic ticket or citation? Or are you a commercial driver or
interstate trucker worried about the effect of a New Mexico Traffic
Ticket on your license? A lot of what happens now will
depend on how you responded when pulled over for your ticket.
You should have been issued a New Mexico
Uniform Traffic Citation. If you signed the New Mexico Uniform
Traffic Citation and the "Penalty Assessment" box is checked, you have
already admitted your guilt and agreed to pay a fine. It will be
extremely difficult and very expensive to try and fight the ticket at
this point. If, however, you signed the ticket
and either the "Traffic Arraignment" or "Court Appearance" box is
checked, there is a good chance that you can keep this ticket from
appearing on your record, or costing you
points
on your license.
If you have forgotten to
pay your New
Mexico Citation, or failed to appear as ordered, you may well have a
warrant out for your arrest, and the next time you try to renew your
license it may be suspended. Don't wait to be arrested or have your
license suspended before dealing with a traffic ticket. If you fail to appear for your
Court traffic ticket, your driver's license will be suspended- - even if you are an out of state driver.
If you fail to appear for a traffic ticket and a warrant is issued for your
arrest, the New Mexico
Motor Vehicle Division (MVD) will suspend your license.
How you pay the fine for a traffic citation in
New Mexico depends on where the ticket was issued. The state has one
Metropolitan Court, which
serves the greater Albuquerque area, and a bevy of smaller
municipal courts scattered across
the state. These are usually the places you will end up if you have
to appear in court for a traffic ticket arraignment.
If you appeal a decision at the municipal level,
or if the fine for your offense is more than $500, or if you are
having a trial by jury, your case will be elevated to a
district court. At no time do you
pay your ticket to the Motor Vehicle Division.
Although New Mexico does have something of a
uniform traffic code that
cities may use as a guideline to set their traffic laws, it's just a
starting point. Municipalities can implement their own laws as long
as they are within the limits of the
state statues. Thus, a traffic
ticket in Santa Fe might not cost the same as a ticket for the same
offense in Roswell.
The majority of moving violations issued in New Mexico have a
fine that can be paid without ever going to court. Your citation
will let you know if you have this option.
Just look to see if the "penalty assessment" box has been marked.
If so, you will need to send in your payment to the address stated
on the citation.
Some courts also allow payment via credit card over the phone.
Again, it will depend on where the ticket was issued and what
payment options are listed on the citation.
Depending on the offense committed, you may be summoned to appear
in a local court. Check your citation to see if the "court
appearance" box is marked. If so, you will need to appear at the
court address listed on the date that is noted. Failure to do so
will result in a bench warrant being issued.
This means that the next time you come in contact with law
enforcement and have your name run through the system, you will be
arrested and taken to the local jail. That's not a fun way to spend
a day or night, so it is best to take care of the ticket when it is
due.
Offenses Requiring a Mandatory Court Appearance
Certain traffic violations don't afford you the option of
pleading guilty and paying a fine through the mail. For the more
serious offenses, a judge will want to talk to you in person. These
violations include:
In many moving violation cases, if you attend a driving
improvement school offered by the local court, you can bar any
points from being tacked onto your driving record. The fees for
enrolling in one of these courses can range from $80 to $100. That
may sound steep, but just think of what you will save on insurance.
You will only be able to attend a class to excuse points against
your driving history once every 18 months. If you have perpetual
problems with earning citations, you most likely will end up with
points on your record finally.
Driving while intoxicated (DWI) is the act of operating a vehicle
while under the influence of alcohol or drugs. Unfortunately, New
Mexico has one of the highest rates of alcohol-related crash
fatalities a year compared with other states. The rates have
declined in the past decade, since New Mexico committed to put a
stop to drunk driving through education―and strong enforcement.
New Mexico police are out in force trying to protect citizens
from those who may harm them by driving while intoxicated. Methods
used by the police to recognize and apprehend drunk drivers include:
Standardized field sobriety tests
Sobriety checkpoints
Group patrols
Breath alcohol test (BAT) mobiles
Mobile video surveillance
In New Mexico, it is illegal for someone who is 21 or older to
drive with a blood alcohol concentration (BAC) of 0.08% or higher.
Drivers under the age of 21 cannot drive with a BAC of 0.02% or
higher. Anyone who breaks this law can be convicted of a DWI.
Those who are found to have a BAC over the legal limit will have
their license revoked on the spot by the arresting officer. A driver
who refuses to take a breath test administered by a police officer
will have his or her license revoked, as well.
It is also possible to be arrested for a DWI with a lower BAC
than the legal limit, if it is clear to the arresting officer that
the person is too impaired to drive. Those who consider themselves
to be "lightweights" when it comes to alcohol consumption should
take heed, as only one drink could be enough to get a DWI.
Medication can also be the culprit in an accident or arrest.
Whether it is an over-the-counter product or a prescribed medication
that makes the driver drowsy, it shouldn't be taken before driving a
car. Warnings on medications are there for your safety. If a driver
becomes drowsy or lightheaded from an over-the-counter cold
medication and then gets behind the wheel, they are risking a DWI
conviction.
Because of the high number of DWI cases in New Mexico each year
(and the number of repeat offenders), the legal system is really
cracking down on this crime. In fact, the criminal penalties for a
DWI are more severe in New Mexico than in most other states. There
are now many mandatory penalties for a DWI, which means a judge
can't be lenient and let you off easy. These mandatory penalties
include:
Ignition interlock devices (these are required for everyone
convicted of DWI, even the first time)
Court fees
Repeat offenders, especially, are receiving maximum penalties, as
they are the most likely to break this law again. A fourth DWI
conviction is now a felony in the state of New Mexico. Because the
consequences for conviction are so harsh, many people seek the
counsel of a DWI attorney after they are arrested on suspicion of
driving while impaired.
For a comprehensive breakdown of all the minimum and maximum
penalties and fees for a DWI conviction, whether it's your first or
your seventh (or worse, you've been found guilty of vehicular
homicide), see the state's
High Cost of DWI brochure (scroll down to see the penalties for
each offense). This publication also details how long your license
will be suspended or revoked. Considering that it takes a whole page
to outline the penalties for just the first DWI offense, that should
give an indication of how serious New Mexico takes this crime.
Another state-published pamphlet,
DWI Flow in New Mexico, is a flow chart illustrating the steps
anyone charged with DWI must take through the legal system. It's
convoluted, time-consuming, and downright intimidating. No wonder
even those in law enforcement recommend that DWI arrestees consult
an attorney.
In an effort to deter citizens from driving drunk, New Mexico has
launched a huge media campaign to inform people of the dangers. From
billboards to commercials, the public is being saturated with
anti-DWI messages. Many of these public service messages are
targeted at young drivers.
Each year, hundreds of teenage drivers die from alcohol-related
accidents in New Mexico. It is now mandatory for any new driver
between the ages of 18 and 24 to complete a DWI-awareness program
when applying for a license. This program is entitled None for the
Road and is a self-taught course that the driver completes at home.
Special emphasis is also being put on DWI awareness during driver
education courses for all ages.
Article 8 of Chapter 66 of the state statutes outlines New
Mexico's DWI laws, arrest and court procedures, and penalties in
legalese. If you'd like to educate yourself about the state's laws
about this issue, this is a good place to start.
The successful completion of a course from one of the approved
New Mexico traffic schools may prevent violations from damaging
your driving record. While in many cases a course just might get
a traffic ticket dismissed, attending traffic school can also
enhance your driving knowledge and skill level, and it may
increase your overall safety awareness so that you, your family,
and other drivers can be safer on the roads.
Essentially, a traffic citation in New Mexico results in a
statutory fine that is derived from the guidelines set in Article 7
of the Motor Vehicles chapter of the state statutes.
If all you had to pay was this fine, it wouldn't be so bad. Where
costs start to soar is when the towns and counties start adding on
other fees.
These fees tend to be arbitrary and can range from the regular
court and administrative fees to others that come off sounding like
fundraising costs―brain injury fees, judicial education fees, and
correction fees. But these small towns, especially the
middle-of-nowhere municipalities dotting the dusty landscape, need
to make money somehow.
The citation will contain a "penalty assessment" box and a "court
appearance" box. If the penalty assessment box is marked, then
you will just need to
pay the ticket
by locating the amount of the fine listed on the ticket and mailing
in a check or money order to the address provided. If the
court appearance box is checked,
then you will need to appear at the address on the ticket at the
time and date listed.
There are some courts, including the
Metropolitan Court in Albuquerque, that will allow you to settle
up a court appearance citation over the phone with a guilty plea and
a credit card number. You will need to check with the court in the
area where your citation was issued to see if this service is
available.
The Point System
The Motor Vehicle Division
point system
is designed to provide a fair assessment as to whether you are
showing disrespect for the traffic laws of the state. When you
receive a triffic ticket and are convicted of the violation (or
plead guilty to it by paying the fine), points that correspond to
the infraction will be added to your
driving record.
A couple of points are rather harmless and will not do much to
affect either your driving history or your
insurance costs. But you can bet if you start inching up points
into the high digits in any given 12-month time frame, it is going
to wreak havoc on your insurance rates.
There may even come a time, if you are a habitual offender, when
obtaining insurance becomes quite a chore. If that happens, you may
need to take other measures like posting a bond with the state.
If you tally six points in one year, you will receive a warning
from the
Motor Vehicle Division (MVD). The warning will simply tell you
that you are on the edge of losing your license, and you had better
use extra caution and judgment in your driving.
If you cross into seven to 10 points in one year, you will
generally receive a three-month license suspension. If you exceed 12
points in a one-year period, you can say good-bye to your license
for a whole year.
Here's how the point schedule breaks down (these are only a
selection of common offenses):
Two Points
Failure to buckle up
Using the wrong signal
Overloaded vehicle
Child restraint issues
Failure to signal
Three Points
Careless driving
Tailgating
Failure to yield
Illegal left turn
Lane violations
Illegal passing
Improper backing
Speeding 6-15 mph over the posted limit
Four Points
Failure to offer right-of-way to an emergency vehicle
Five Points
Speeding 16-25 mph over the posted limit
Six Points
Reckless driving
Speed contests
Passing a school bus that is letting kids off
Eight Points
Going 26 mph or more over the speed limit
18.19.5.52
POINT SYSTEM - SCHEDULE OF POINTS FOR
VIOLATIONS:
A. Points to be assessed for conviction of
violations on or after October 1, 1996 of provisions of the Motor
Vehicle Code are scheduled in Subsections B through G below.
B. Eight
(8) points for violation of the following section:
66-7-301 Speeding 26 or more mph over the posted speed limit on any trafficway if the limit is 15, 30 or 75 mph
66-7-301 Speeding 26 or more mph over the posted speed limit on any
trafficway if the limit is other than 15, 30 or 75 mph and the speed
wasat least 76 mph
C. Six (6)
points for violations of the following sections:
66-7-347 Passing school bus taking on or discharging passengers or
displaying warning not to pass
66-8-113 Reckless driving
66-8-115 Contest racing on public trafficway
D. Five (5) points for violation of the following
section:
66-7-301 Speeding 16 to 25 mph over the posted speed limit on any
trafficway if the limit is 15, 30 or 75 mph
66-7-301 Speeding 16 to 25 mph over the posted speed limit on any
trafficway if the limit is other than 15, 30 or 75 mph and the speed was
at least 76 mph
E. Four (4) points for violations of the following
section:
66-7-332 Failure to yield right of way to an authorized emergency
vehicle
F. Three (3) points for violations of the following
sections:
(1) CARELESSNESS
66-8-114 Careless Driving
(2) FAILURE TO
YIELD/OBEY TRAFFIC CONTROL DEVICES
66-7-104 Failure to obey traffic instructions stated on traffic sign or
shown by traffic control device
66-7-328 Failure to yield right of way in a manner required at unsigned
intersection
66-7-329 Vehicles turning left at intersection
66-7-330 Failure to yield right of way at yield sign, after stop sign or
when emerging from private trafficway
66-7-331 Failure to yield right of way at yield sign, after stop sign or
when emerging from private trafficway
66-7-341 Failure to obey traffic instructions stated on traffic sign or
shown by traffic control device
66-7-342 Failure to obey traffic instructions stated on traffic sign or
shown by traffic control device
66-7-343 Certain vehicles must stop at railroad grade crossings
66-7-346 Failure to yield right of way at yield sign, after stop sign or
when emerging from private trafficway
(3) FOLLOWING/BACKING
66-7-318 Following too closely
66-7-354 Improper backing
(4) TURNING MOVEMENTS/LANE POSITION
66-7-322 Making improper turn
66-7-323 Making improper turn
(5) PASSING/LEFT OF CENTER
66-7-308 Failure to drive on right side of roadway when required
66-7-309 Passing vehicles proceeding in opposite directions
66-7-310 Improper overtaking or passing of a vehicle
66-7-311 Improper overtaking or passing of a vehicle
66-7-312 Passing with insufficient distance allowed for other vehicles
or with inadequate visibility
66-7-313 Driving to the left of center of roadway when prohibited
66-7-315 Passing where prohibited by posted signs or pavement markings
(6) SPEEDING
66-7-301 Speeding 6 to 15 mph over the posted speed limit on any
trafficway if the limit is 15, 30 or 75 mph
66-7-301 Speeding 6 to 15 mph over the posted speed limit on any
trafficway if the limit is other than 15, 30 or 75 mph and the speed is
at least 76 mph
G. Two (2) points for violations of the following
sections:
66-3-801 Operating with any defective equipment resulting in inability
to control vehicle movement properly
66-3-840 Operating with defective brakes
66-3-901 Operating with any defective equipment resulting in inability
to control vehicle movement properly
66-7-325 Failure to signal intention to change vehicle direction or to
reduce speed suddenly
66-7-326 Giving wrong signal
66-7-357 Overloading vehicle with passengers or cargo
66-7-369 Failure to restrain child passenger properly
66-7-372 Failure to use seatbelt properly