N.M. Stat. § 66-8-116

Current through 2024, ch. 69

Section 66-8-116 - Penalty assessment misdemeanors; definition; schedule of assessments

A. As used in the Motor Vehicle Code and the Boat Act [Chapter 66, Article 12 NMSA 1978], "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D through F of this section, the listed penalty assessment is established:

COMMON NAME OF OFFENSE	SECTION VIOLATED	PENALTY ASSESSMENT
Vehicles subject to registration	66-3-1	$ 50.00
Improper display of registration plate	66-3-18	25.00
Failure to notify of change of name or address	66-3-23	25.00
Lost or damaged registration, plate or title	66-3-24	25.00
Horseless carriage registration	66-3-27	25.00
Transfer of registration and title	66-3-103	25.00
Expiration of dealer plates	66-3-403	25.00
Special registration plates	66-3-409, 66-3-412.1, 66-3-413, 66-3-415, 66-3-417, 66-3-419, 66-3-421, 66-3-422, 66-3-424.4, 66-3-424.5, 66-3-424.7, 66-3-424.9, 66-3-424.13, 66-3-424.16 and 66-3-424.28	75.00
Bicycle laws	66-3-701 through 66-3-707	50.00
No license display	66-5-16	25.00
Failure to change address or name on license	66-5-22	25.00
Permitting unauthorized minor to drive	66-5-40	50.00
Permitting unauthorized person to drive	66-5-41	25.00
Failure to obey sign	66-7-104	25.00
Failure to obey signal	66-7-105	25.00
Pedestrian signs and signals	66-7-106 through 66-7-108	25.00
Speeding	66-7-301
(1) up to and including ten miles an hour over the speed limit	25.00
(2) from eleven up to and including fifteen miles an hour over the speed limit	30.00
(3) from sixteen up to and including twenty miles an hour over the speed limit	65.00
(4) from twenty-one up to and including twenty-five miles an hour over the speed limit	100.00
(5) from twenty-six up to and including thirty miles an hour over the speed limit	125.00
(6) from thirty-one up to and including thirty-five miles an hour over the speed limit	150.00
(7) more than thirty-five miles an hour over the speed limit	200.00
Unfastened safety belt	66-7-372	25.00
Child not in restraint device or seat belt	66-7-369	25.00
Minimum speed	66-7-305	25.00
Speeding	66-7-306	25.00
Improper starting	66-7-324	25.00
Improper backing	66-7-354	25.00
Improper lane	66-7-308	25.00
Improper lane	66-7-313	25.00
Improper lane	66-7-316	25.00
Improper lane	66-7-317	25.00
Improper lane	66-7-319	25.00
Improper passing	66-7-309 through 66-7-312	25.00
Improper passing	66-7-315	25.00
Controlled access violation	66-7-320	25.00
Controlled access violation	66-7-321	25.00
Improper turning	66-7-322	25.00
Improper turning	66-7-323	25.00
Improper turning	66-7-325	25.00
Following too closely	66-7-318	25.00
Failure to yield	66-7-328 through 66-7-331	25.00
Failure to yield	66-7-332	50.00
Failure to yield	66-7-332.1	25.00
Pedestrian violation	66-7-333 through 66-7-340	25.00
Failure to stop	66-7-342 and 66-7-344 through 66-7-346	25.00
Railroad-highway grade crossing violation	66-7-341 and 66-7-343	150.00
Passing school bus	66-7-347	100.00
Failure to signal	66-7-325 through 66-7-327	25.00
Riding on motorcycles	66-7-355	100.00
Video screens in automobiles	66-7-358	25.00
Driving on mountain highways	66-7-359	25.00
Coasting prohibited	66-7-360	25.00
Animals on highway at night	66-7-363	50.00
Failure to secure load	66-7-407	100.00
Operation without oversize-overweight permit	66-7-413	50.00
Transport of reducible load with special permit more than six miles from a border crossing	66-7-413	100.00
Driving while license administratively suspended	66-5-39.2	25.00
Improper equipment	66-3-801 through 66-3-840 and 66-3-842 through 66-3-851	50.00
Improper equipment	66-3-901	50.00
Improper emergency signal	66-3-853 through 66-3-857	25.00
Minor on motorcycle without helmet	66-7-356	300.00
Operation interference	66-7-357	50.00
Littering	66-7-364	300.00
Improper parking	66-7-349 through 66-7-352 and 66-7-353	25.00
Improper parking	66-3-852	25.00
Riding in or towing occupied house trailer Improper opening of doors	66-7-366 66-7-367	25.00 25.00
No slow-moving vehicle emblem or flashing amber light	66-3-887	25.00
Open container-first violation Texting while driving-	66-8-138	25.00
(1) first violation	66-7-374	25.00
(2) second and subsequent violation	50.00
Using a handheld mobile communication device while driving a commercial motor vehicle	66-7-375
(1) first violation	25.00
(2) second and subsequent violation	50.00
Improper use of travel lane	66-7-376	250.00

B. The term "penalty assessment misdemeanor" does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person.

C. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor and probation imposed upon a suspended or deferred sentence shall not exceed ninety days.

D. The penalty assessment for speeding in violation of Paragraph (5) of Subsection A of Section 66-7-301 NMSA 1978 is twice the penalty assessment established in Subsection A of this section for the equivalent miles per hour over the speed limit.

E. Upon a second conviction for operation without a permit for excessive size or weight pursuant to Section 66-7-413 NMSA 1978, the penalty assessment shall be two hundred fifty dollars ($250). Upon a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500).

F. Upon a second conviction for transport of a reducible load with a permit for excessive size or weight pursuant to Subsection N of Section 66-7-413 NMSA 1978 more than six miles from a port-of-entry facility on the border with Mexico, the penalty assessment shall be five hundred dollars ($500). Upon a third or subsequent conviction, the penalty assessment shall be one thousand dollars ($1,000).

NMS § 66-8-116

1953 Comp., § 64-8-116, enacted by Laws 1978, ch. 35, § 524; 1981, ch. 360, § 8; 1983, ch. 134, § 7; 1985, ch. 131, § 5; 1987, ch. 332, § 2; 1988, ch. 121, § 5; 1989, ch. 316, § 1; 1989, ch. 317, § 3; 1989, ch. 318, § 34; 1989, ch. 319, § 11; 1989, ch. 320, § 4; 1990, ch. 120, § 37; 1991, ch. 192, § 9; 1995, ch. 135, § 24; 2000, ch. 22, § 2; 2002, ch. 71, § 2; 2003, ch. 51, § 16; 2005, ch. 10, § 2; 2006, ch. 48, § 3; 2007, ch. 209, § 12; 2009, ch. 208, § 1; 2011, ch. 58, § 2; 2013, ch. 205, § 1; 2014, ch. 5, § 2; 2016, ch. 63, § 4.

Amended by 2023, c. 96,s. 2, eff. 7/1/2023.

Amended by 2019, c. 224,s. 4, eff. 10/1/2019.

Amended by 2018, c. 74,s. 53, eff. 7/1/2018.

Amended by 2016, c. 63,s. 4, eff. 3/7/2016.

Amended by 2014, c. 5,s. 2, eff. 7/1/2014.

Amended by 2013, c. 205,s. 1, eff. 7/1/2013.

Amended by 2011, c. 58,s. 2, eff. 7/1/2011.