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.
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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