2006 New Mexico Statutes - 66-3-507 — Altered vehicle identification numbers; contraband.

66-3-507. Altered vehicle identification numbers; contraband.

A.     Any person receiving, disposing of, offering to dispose of or having in his possession any vehicle or motor vehicle or motor vehicle engine, shall make adequate inquiry and inspection to determine that no manufacturer's serial number, engine number or other distinguishing number or mark or identification mark or number placed thereon under assignment of the division has been removed, defaced, covered, altered or destroyed.   

B.     When the inspection of a vehicle or motor vehicle or motor vehicle engine by any law enforcement officer indicates that the manufacturer's serial number, engine number or other distinguishing number or mark or identification mark or number placed thereon under assignment of the division has been removed, defaced, covered, altered or destroyed, that vehicle may be impounded for a period of time not to exceed ninety-six hours, unless part of that time shall fall upon a Saturday, Sunday or a legal holiday in which case the vehicle may be impounded for a period of time not to exceed six days. At the expiration of the stated time period, the vehicle or motor vehicle shall be returned to the person from whom it was taken at no cost unless an ex parte order allowing continued impoundment is issued by a magistrate or district court judge after finding that probable cause exists to believe that the manufacturer's serial number, engine number or other distinguishing number or mark or identification mark or number placed thereon under assignment of the division has been removed, defaced, covered, altered or destroyed. Within ten days of the issuance of such an order, the law enforcement agency shall cause to have the matter of the vehicle or motor vehicle or motor vehicle engine brought before a district court by filing in that court a petition requesting that the vehicle or item be declared contraband, unless the court grants an extension of time for such filing based on some reasonable requirement for extension of such filing by the law enforcement agency. If at the time of the hearing on that petition the court finds that the manufacturer's serial number, engine number or other distinguishing number or mark or identification mark or number placed thereon under assignment of the division has been removed, defaced, covered, altered or destroyed, the court shall declare the vehicle, motor vehicle or motor vehicle engine to be contraband, unless one of the exceptions enumerated in this section applies. At the time the vehicle, motor vehicle or motor vehicle engine is declared to be contraband, the court shall order that it be disposed of according to Subsection D of this section. Any vehicle, motor vehicle or motor vehicle engine in such condition shall not be subject to replevin except by an owner who can trace his ownership of that vehicle, motor vehicle or motor vehicle engine, from the manufacturer by furnishing the court records indicating the identity of all intermediate owners. The law enforcement agency seizing such a vehicle, motor vehicle or motor vehicle engine, shall provide the person from whom it was taken a receipt for such vehicle, motor vehicle or motor vehicle engine.   

C.     Such vehicle, motor vehicle or motor vehicle engine, shall not be considered contraband when:   

(1)     it has been determined that such vehicle, motor vehicle or motor vehicle engine has been reported as stolen;   

(2)     that the vehicle, motor vehicle or motor vehicle engine is recovered in the condition described in Subsection B of this section;   

(3)     it clearly appears that the true owner is in no way responsible for the altering, concealing, defacing, destroying or alteration;   

(4)     the true owner obtains an assigned number issued by the division for such vehicle, motor vehicle or motor vehicle engine;   

(5)     the new assigned numbers have been issued for and placed upon the vehicle, motor vehicle or motor vehicle engine by the division of motor vehicles utilizing a unique numbering system for that purpose; or   

(6)     a person licensed under the provisions of Sections 214 through 222 [ 66-4-1 through 66-4-9 NMSA 1978] of this act, when in the course of his business and consistent with the provisions of Section 95 [ 66-3-508 NMSA 1978] of this act and the rules and regulations promulgated by the division, removes, defaces, covers, alters or destroys the manufacturer's serial or engine number or other distinguishing number or identification mark of a vehicle required to be registered under the Motor Vehicle Code [ 66-1-1 NMSA 1978], or number placed thereon under assignment of the division.   

D.     If it is impossible to locate a true owner who meets the provisions of Subsection C of this section to claim such a vehicle, motor vehicle or motor vehicle engine, it may be retained by the law enforcement agency confiscating it, as long as it is used for police purposes, after which time, or if not suitable for police use, it shall be destroyed.