2015 New Mexico Statutes
Chapter 66 - Motor Vehicles
Section 8 Crimes, Penalties and Procedure
Section 2 TRAFFIC OFFENSES
Section 66-8-122 Immediate appearance before magistrate.

66-8-122. Immediate appearance before magistrate.

Whenever any person is arrested for any violation of the Motor Vehicle Code [66-1-1 NMSA 1978] or other law relating to motor vehicles punishable as a misdemeanor, he shall be immediately taken before an available magistrate who has jurisdiction of the offense when the:

A. person requests immediate appearance;

B. person is charged with driving while under the influence of intoxicating liquor or narcotic drugs;

C. person is charged with failure to stop in the event of an accident causing death, personal injuries or damage to property;

D. person is charged with reckless driving;

E. arresting officer has good cause to believe the person arrested has committed a felony;

F. person refuses to give his written promise to appear in court or acknowledge receipt of a warning notice; or

G. person is charged with driving when his privilege to do so was suspended or revoked pursuant to Section 66-8-111 NMSA 1978 or pursuant to a conviction for driving while under the influence of intoxicating liquor or drugs.

History: 1941 Comp., 68-2604, enacted by Laws 1953, ch. 139, 185; 1953 Comp., 64-22-7; Laws 1968, ch. 62, 160; 1977, ch. 376, 2; recompiled as 1953 Comp., 64-8-122, by Laws 1978, ch. 35, 530; 1978, ch. 162, 1; 1978, ch. 212, 1; 1985, ch. 186, 3.