2015 New Mexico Statutes
Chapter 66 - Motor Vehicles
Section 8 Crimes, Penalties and Procedure
Section 2 TRAFFIC OFFENSES
Section 66-8-116 Penalty assessment misdemeanors; definition; schedule of assessments.

NM Stat § 66-8-116 (2015) What's This?

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

A. As used in the Motor Vehicle Code, "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D and E of this section, the listed penalty assessment is established:

COMMON NAME

SECTION

PENALTY

OF OFFENSE

VIOLATED

ASSESSMENT

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

20.00

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

10.00

Failure to obey signal

66-7-105

10.00

Speeding

66-7-301

(1) up to and including ten miles an hour over the speed limit

15.00

(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

10.00

Speeding

66-7-306

15.00

Improper starting

66-7-324

10.00

Improper backing

66-7-354

10.00

Improper lane

66-7-308

10.00

Improper lane

66-7-313

10.00

Improper lane

66-7-316

10.00

Improper lane

66-7-317

10.00

Improper lane

66-7-319

10.00

Improper passing

66-7-309 through 66-7-312

10.00

Improper passing

66-7-315

10.00

Controlled access violation

66-7-320

10.00

Controlled access violation

66-7-321

10.00

Improper turning

66-7-322

10.00

Improper turning

66-7-323

10.00

Improper turning

66-7-325

10.00

Following too closely

66-7-318

10.00

Failure to yield

66-7-328 through 66-7-331

10.00

Failure to yield

66-7-332

50.00

Failure to yield

66-7-332.1

25.00

Pedestrian violation

66-7-333

10.00

Pedestrian violation

66-7-340

10.00

Failure to stop

66-7-342 and 66-7-344 through 66-7-346

10.00

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

10.00

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

Improper equipment

66-3-801 through 66-3-851

25.00

Improper equipment

66-3-901

20.00

Improper emergency signal

66-3-853 through 66-3-857

10.00

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

5.00

Improper parking

66-3-852

5.00

Failure to dim lights

66-3-831

10.00

Riding in or towing occupied house trailer

66-7-366

5.00

Improper opening of doors

66-7-367

5.00

No slow-moving vehicle emblem or flashing amber light

66-3-887

5.00

Open container - first violation

66-8-138

25.00

Texting while driving first violation

Section 1 of this 2014 act [66-7-374 NMSA 1978]

25.00

Texting while driving subsequent violation

Section 1 of this 2014 act [66-7-374 NMSA 1978]

50.00.

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 (4) 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).

History: 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.

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