2006 New Mexico Statutes - 66-5-35 — Limited driving privilege upon suspension or revocation; hearing; review.

66-5-35. Limited driving privilege upon suspension or revocation; hearing; review.

A.     Upon suspension or revocation of a person's driver's license following conviction or adjudication as a delinquent under any law, ordinance or rule relating to motor vehicles, a person may apply to the department for a license or permit to drive, limited to use allowing the person to engage in gainful employment, to attend school or to attend a court-ordered treatment program, except that the person shall not be eligible to apply:

(1)     for a limited commercial driver's license or an ignition interlock license in lieu of a revoked or suspended commercial driver's license;

(2)     for a limited license when the person's driver's license was revoked pursuant to the provisions of the Implied Consent Act [ 66-8-105 NMSA 1978], except as provided in the Ignition Interlock Licensing Act [ 66-5-501 NMSA 1978];

(3)     for a limited license when the person's driver's license was revoked pursuant to the provisions of Section 66-8-102 NMSA 1978, except as provided in the Ignition Interlock Licensing Act;

(4)     for a limited license when the person's driver's license is denied pursuant to the provisions of Subsection D of Section 66-5-5 NMSA 1978, except as provided in the Ignition Interlock Licensing Act; or

(5)     for a limited license when the person's driver's license was revoked pursuant to a conviction for committing homicide by vehicle or great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978.

B.     Upon receipt of a fully completed application that complies with statutes and rules for a limited license or an ignition interlock license and payment of the fee specified in this subsection, the department shall issue a limited license, ignition interlock license or permit to the applicant showing the limitations specified in the approved application.  For each limited license, ignition interlock license or permit to drive, the applicant shall pay to the department a fee of forty-five dollars ($45.00), which shall be transferred to the department of transportation.  All money collected under this subsection shall be used for DWI prevention and education programs for elementary and secondary school students.  The department of transportation shall coordinate with the department of health to ensure that there is no program duplication.  The limited license or permit to drive may be suspended as provided in Section  66-5-30 NMSA 1978.

C.     The department, within twenty days of denial of an application for a limited driver's license or permit pursuant to this section, shall afford the applicant a hearing in the county in which the applicant resides, unless the department and the licensee agree that the hearing may be held in some other county.  The department may extend the twenty-day period, provided that the extension is in writing and made no later than fifteen days after receipt of an application.  Upon hearing, the hearing officer designated by the department may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers.  The hearing officer shall make specific findings as to whether the applicant has shown proof of financial responsibility for the future and enrollment in an approved DWI school and an approved alcohol screening program and meets established uniform criteria for limited driving privileges adopted by rule of the department.  The hearing officer shall enter an order either approving or denying the applicant's request for a limited license or permit to drive.  If any of the specific findings set forth in this subsection are not found by the hearing officer, the applicant's request for a limited license or permit shall not be approved.

D.     A person adversely affected by an order of the hearing officer may seek review within thirty days in the district court in the county in which the person resides.  On review, it is for the court to determine only whether the applicant met the requirements in this section for issuance of a limited license or permit to drive.