2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 2 - Motor Vehicle Division of Taxation and Revenue Department
Section 66-2-11 - Giving of notice.
Whenever the department or the administrative hearings office is authorized or required to give any notice under the Motor Vehicle Code or any other law regulating the operation of vehicles, unless a different method of giving notice is otherwise expressly prescribed, notice shall be given either by personal delivery to the person to be notified or by deposit in the United States mail of the notice in an envelope with postage prepaid, addressed to the person at the person's address as shown by the records of the department. The giving of notice by mail is complete upon the expiration of seven days after deposit of the notice. Proof of the giving of notice in either manner may be made by the certificate of any officer or employee of the department or affidavit of any person over eighteen years of age, naming the person to whom the notice was given and specifying the time, place and manner of the giving of the notice. Notice is given when a person refuses to accept notice.
History: 1953 Comp., § 64-2-11, enacted by Laws 1978, ch. 35, § 15; 1995, ch. 135, § 5; 2015, ch. 73, § 27.
The 2015 amendment, effective July 1, 2015, provided the procedures for giving notice when the administrative hearings office is required to give notice under the Motor Vehicle Code; and after "department", added "or the administrative hearings office", and after "addressed to the person at", deleted "his" and added "the person's".
The 1995 amendment, effective June 16, 1995, added the last sentence, substituted "department" for "division", and made numerous stylistic changes throughout the section.
This section specifies the minimal due process notice which is required before the state may revoke a driver's license in an administrative proceeding. State v. Herrera, 1991-NMCA-005, 111 N.M. 560, 807 P.2d 744, cert. denied, 111 N.M. 529, 807 P.2d 227.
Evidentiary effect of proof of mailing. — This section should not be read as creating a presumption of notice to a licensee merely upon proof of mailing, without more. City of Albuquerque v. Juarez, 1979-NMCA-084, 93 N.M. 188, 598 P.2d 650, overruled on other grounds by State v. Herrera, 1991-NMCA-005, 111 N.M. 560, 807 P.2d 744, cert. denied, 111 N.M. 529, 807 P.2d 227.
Sufficiency of evidence of notice. — Record supported a finding that defendant was aware that he was driving with a revoked license, where two separate notices of revocation were sent by certified mail to his home address after defendant received separate convictions of driving while under the influence of alcohol, and both notices were unreturned. State v. Herrera, 1991-NMCA-005, 111 N.M. 560, 807 P.2d 744, cert. denied, 111 N.M. 529, 807 P.2d 227.
