2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards
Section 66-5-236 - Suspension for nonpayment of judgment or for false affirmation.

A. Except as otherwise provided, the secretary shall suspend:

(1) the motor vehicle registration for all motor vehicles and the driver's license of any person against whom a judgment has been rendered, the department being in receipt of a certified copy of the judgment on a form provided by the department; or

(2) the registration for a period not to exceed one year of a person who is operating a motor vehicle in violation of Section 66-5-205 NMSA 1978 or falsely affirms the existence of a motor vehicle insurance policy or some other means of satisfying the financial responsibility requirements of the Mandatory Financial Responsibility Act, but only if evidence of financial responsibility is not submitted within twenty days after the date of the mailing of the department's demand for that evidence. The department shall notify the person that the person may request a hearing before the administrative hearings office within twenty days after the date of the mailing of the department's demand.

B. The registration shall remain suspended and shall not be renewed, nor shall any registration be issued thereafter in the name of that person, unless and until every judgment is stayed, satisfied in full or to the extent provided in the Mandatory Financial Responsibility Act and evidence of financial responsibility as required in Section 66-5-218 NMSA 1978 is provided to the department.

History: 1978 Comp., § 66-5-236, enacted by Laws 1983, ch. 318, § 35; 1998, ch. 34, § 18; 2015, ch. 73, § 33.

Repeals and reenactments. — Laws 1983, ch. 318, § 35, repealed former 66-5-236 NMSA 1978, relating to action on bond, and enacts the above section.

The 2015 amendment, effective July 1, 2015, entitled a licensee whose license has been suspended, because of an outstanding judgment or for failing to comply with the Mandatory Financial Responsibility Act, the right to a hearing before the administrative hearings office; and in Subsection A, Paragraph (2), after "the department's demand", deleted "therefor" and added "for that evidence", after "notify the person that", deleted "he" and added "the person", after "may request a hearing", added "before the administrative hearings office", and after "department's demand", deleted "as provided under this subsection".

The 1998 amendment, effective July 1, 1998, substituted "department" for "division" throughout the section; in Subsection A, substituted "secretary" for "director"; in Paragraph A(2), substituted "insurance" for "liability policy, a certified motor vehicle liability", "twenty" for "thirty" and "department's" for "division's" twice, and made minor stylistic changes.