2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards
Section 66-5-26 - Suspending resident's license; conviction failure to appear, failure to pay in another state or tribal jurisdiction.
A. The division is authorized to suspend or revoke the license of a resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such person in another state or by a tribe of an offense that if committed within the jurisdiction of this state, would be grounds for the suspension or revocation of the license of a driver.
B. In addition, the division is authorized to suspend the license of a resident of this state, or the privilege of a nonresident to drive a motor vehicle in this state, upon receiving notice of failure to appear or pay a penalty assessment imposed by a tribe or imposed in another state that is a signatory of the Nonresident Violator Compact [66-8-137.1 NMSA 1978] with New Mexico.
History: 1953 Comp., § 64-5-26, enacted by Laws 1978, ch. 35, § 248; 1981, ch. 360, § 4; 2003, ch. 164, § 7.
Cross references. — For the Driver License Compact, see 66-5-49 NMSA 1978.
The 2003 amendment, effective July 1, 2003, added "or tribal jurisdiction" in the section heading; substituted "or by a tribe of an offense that if committed within the jurisdiction" for "of an offense therein which if committed in" following "in another state" in Subsection A; and substituted "imposed by a tribe or imposed in another state that" for "in another state which" following "a penalty assessment" in Subsection B.
"Is authorized" means that suspension or revocation of a driver's license for a conviction in another state is discretionary with the department. 1967 Op. Att'y Gen. No. 67-51.
Indian reservation not "another state". — By use of the term "another state," the legislature has equated the word "state" to that political status occupied by the state of New Mexico. If an Indian reservation is not a "state," then the division cannot revoke or suspend a license under Section 64-13-57, 1953 Comp. (similar to this section), even though the tribal court sends a record of a conviction to the division. 1961-62 Op. Att'y Gen. No. 62-06.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 135.
Automobiles: Necessity or emergency as defense in prosecution for driving without operator's license or while license is suspended, 7 A.L.R.5th 73.
60 C.J.S. Motor Vehicles § 164.8.
