2006 New Mexico Statutes - 66-5-28 — Court to forward license to division; definitions of "convicted" and "conviction".

66-5-28. Court to forward license to division; definitions of "convicted" and "conviction".

A.     Whenever any person is convicted of any offense for which the Motor Vehicle Code [ 66-1-1 NMSA 1978] or the New Mexico Commercial Driver's License Act [ 66-5-52 to 66-5-72 NMSA 1978] requires mandatory revocation of the driver's license of that person by the division, the court in which the conviction is had shall require the surrender to it the driver's license or commercial driver's license then held by the person so convicted, and the court shall forward the driver's license or commercial driver's license to the division, together with the abstract of the conviction.   

B.     For the purposes of Subsection A of this section and Sections 66-5-29, 66-8-102 and 66-8-117 NMSA 1978, the terms "conviction" and "convicted" mean that the alleged violator has entered a plea of guilty or nolo contendere or been found guilty in the trial court and has waived or exhausted all of his rights to an appeal. For the purposes of any other provisions of the Motor Vehicle Code, the terms "conviction" and "convicted" mean a final conviction in the trial court.  For the purposes of the Motor Vehicle Code, a forfeiture of bail or collateral deposited to secure a defendant's appearance in court or promise to mail payment on a penalty assessment when unvacated is equivalent to a conviction.