Harding County, NM

Northeastern New Mexico

Barbed Wire Row

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New Mexico Traffic Ticket Information

 

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.

Only you can decide if it is worth hiring a lawyer to represent you on your New Mexico Ticket.

 

 

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.

Paying by Mail or Phone

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.

Making a Court Appearance

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:

  • Driving while intoxicated (DWI)
  • Leaving the scene of an accident
  • Street racing
  • Driving with a suspended or revoked license

Traffic School

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.

DWI and the Law

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.

Penalties

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:

  • Imprisonment (up to two years)
  • Fines (up to $5,000)
  • Community service (up to 96 hours)
  • License reinstatement fee ($100)
  • Psychological evaluation
  • 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.

Prevention through Education

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.

In a nutshell, the point system works like this:

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


[3/12/75, 4/3/75, 9/1/88, 3/6/92, 8/20/93, 10/31/96, 3/31/99; 18.19.5.52 NMAC - Rn & A, 18 NMAC 19.5.11.3, 9/14/00]

 

 

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(c) Mary Helen Garrison