2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards
Section 66-5-29 - Mandatory revocation of license by division.
A. The division shall immediately revoke the driving privilege or driver's license of a driver upon receiving a record of the driver's adjudication as a delinquent for or conviction of any of the following offenses, whether the offense is under any state law or local ordinance, when the conviction or adjudication has become final:
(1) manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) any offense rendering a person a "first offender" as defined in the Motor Vehicle Code [66-1-1 NMSA 1978];
(3) any offense rendering a person a "subsequent offender" as defined in the Motor Vehicle Code;
(4) any felony in the commission of which a motor vehicle is used;
(5) failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
(6) perjury or the making of a false affidavit or statement under oath to the division under the Motor Vehicle Code or under any other law relating to the ownership or operation of motor vehicles; or
(7) conviction or forfeiture of bail not vacated upon three charges of reckless driving committed within a period of twelve months.
B. Except as provided in the Ignition Interlock Licensing Act [66-5-501 NMSA 1978] and in Subsection C, D, E or F of this section, a person whose driving privilege or driver's license has been revoked under this section shall not be entitled to apply for or receive a new license until one year from the date that the conviction is final and all rights to an appeal have been exhausted.
C. A person who upon adjudication as a delinquent for driving while under the influence of intoxicating liquor or drugs or a conviction pursuant to Section 66-8-102 NMSA 1978 is subject to revocation of the driving privilege or driver's license under this section for an offense pursuant to which the person was also subject to revocation of the driving privilege or driver's license pursuant to Section 66-8-111 NMSA 1978 shall have the person's driving privilege or driver's license revoked for that offense for a combined period of time equal to:
(1) one year for a first offender; or
(2) for a subsequent offender:
(a) two years for a second conviction;
(b) three years for a third conviction; or
(c) the remainder of the offender's life for a fourth or subsequent conviction, subject to a five-year review, as provided in Sections 66-5-5 and 66-8-102 NMSA 1978.
D. The division shall apply the license revocation provisions of Subsection C of this section and the provisions of Subsection D of Section 66-5-5 NMSA 1978 to a person who was three or more times convicted of driving a motor vehicle under the influence of intoxicating liquor or drugs and who has a driver's license revocation pursuant to the law in effect prior to June 17, 2005, upon the request of the person and if the person has had an ignition interlock license for three years or more and has proof from the ignition interlock vendor of no violations of the ignition interlock device in the previous six months.
E. Upon receipt of an order from a court pursuant to Section 32A-2-19 NMSA 1978 or Subsection G of Section 32A-2-22 NMSA 1978, the division shall revoke the driver's license or driving privileges for a period of time in accordance with these provisions.
F. Upon receipt from a district court of a record of conviction for the offense of shooting at or from a motor vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978 or of a conviction for a conspiracy or an attempt to commit that offense, the division shall revoke the driver's license or driving privileges of the convicted person. A person whose driver's license or driving privilege has been revoked pursuant to the provisions of this subsection shall not be entitled to apply for or receive any new driver's license or driving privilege until one year from the date that the conviction is final and all rights to an appeal have been exhausted.
History:1953 Comp., § 64-5-29, enacted by Laws 1978, ch. 35, § 251; 1979, ch. 71, § 5; 1981, ch. 375, § 1; 1984, ch. 72, § 2; 1988, ch. 56, § 4; 1989, ch. 329, § 5; 1993, ch. 66, § 4; 1993, ch. 78, § 4; 1999, ch. 175, § 9; 2003, ch. 239, § 8; 2005, ch. 241, § 2; 2005, ch. 269, § 2; 2007, ch. 319, § 46.
Cross references. — For the definition of "first offender", see 66-1-4.6 NMSA 1978.
For the definition of "subsequent offender", see 66-1-4.16 NMSA 1978.
For suspending license upon conviction in another state, see 66-5-26 NMSA 1978.
For license revocation for failure to stop at accident, see 66-7-201 NMSA 1978.
The 2007 amendment, effective June 15, 2007, provided for revocation of driving privileges and driver's licenses and added Subsection D.
The 2005 amendment, effective June 17, 2005, deleted the former qualification in Subsection A(1) that a permit or license of a first offender may not be revoked if the person attends a driver rehabilitation program; deleted the former provision of Subsection B that a person may not apply for or receive a new license until the expiration of one year from the date of the last application on which the revoked license was surrendered to the division, if no appeal is filed; provide that a person may not apply for or receive a new license until the expiration of one year from the date of the conviction; in Subsection C, provided that a person who is adjudged delinquent for driving while under the influence of intoxicating liquor or drugs of convicted pursuant to 66-8-102 NMSA 1978 is subject to license revocation; in Subsection C(1), provided that revocation may be for one year for a first offender; in Subsections C(2)(a) through (c), provided revocation periods for subsequent periods; and in Subsection E, deleted the former provision that a person may not apply for or receive a new license until the expiration of one year from the date of the last application on which the revoked license was surrendered to the division, if no appeal is filed; and provided that a person may not apply for or receive a new license until the expiration of one year from the date of the conviction.
Laws 2005, ch. 241, § 2 and Laws 2005, ch. 269, § 2 enacted identical amendments to this section. The section was set out as amended by Laws 2005, ch. 269, § 2. See 12-1-8 NMSA 1978.
The 2003 amendment, effective April 6, 2003, substituted "Except as provided in the Ignition Interlock Licensing Act, a" for "Any" at the start of Subsection B; and deleted "Subsection J of" preceding "Section 32A-2-19 NMSA 1978" in Subsection D.
The 1999 amendment, effective January 1, 2000, in Subsection A inserted "instruction permit, driver's" and inserted "or provisional license", updated statutory references, and made minor stylistic changes.
The 1993 amendment, effective July 1, 1993, substituted "Subsection C, D or E" for "Subsection C or D" in Subsection B; added Subsection E; and made a minor stylistic change in Subsection C. This section was also amended by Laws 1993, ch. 66, § 4, effective January 1, 1994. The section is set out as amended by Laws 1993, ch. 78, § 4. See 12-1-8 NMSA 1978.
The 1989 amendment, effective July 1, 1989, in Subsection A, substituted "immediately" for "forthwith"; in Subsection B, inserted "or D" near the beginning; and added Subsection D.
The 1988 amendment, effective July 1, 1988, substituted present Subsection A(2) for former Subsection A(2), regarding deferred sentences for first offenders convicted of driving while under the influence of intoxicating liquor who attend a driver rehabilitation program, and corrected a misspelling in Subsection B.
Reinstatement of license. — A driver's license that has been revoked under Subsection C of Section 66-5-29 NMSA 1978 must remain revoked until the driver has applied for reinstatement, complied with all of the provision of the Motor Vehicle Code, and paid fees imposed by Section 66-5-33.1 NMSA 1978. City of Santa Fe v. One (1) Black 2006 Jeep, 2012-NMCA-027, 284 P.3d 1076.
Where defendant's vehicle was forfeited under a municipal ordinance that permitted forfeiture of a vehicle operated by a person whose license was revoked as a result of a prior DWI conviction; defendant's driver's license had been revoked as a result of defendant's conviction of a DWI; defendant was eligible for reinstatement prior to the time defendant was stopped for the traffic violation that resulted in the forfeiture action; and defendant had failed to obtain reinstatement of the license before the traffic stop, defendant's vehicle was subject to forfeiture under the municipal ordinance. City of Santa Fe v. One (1) Black 2006 Jeep, 2012-NMCA-027, 284 P.3d 1076.
District court erred in revoking appellant's driver's license in conviction for operating a motor vehicle while under the influence of alcoholic beverages since only the commissioner (now division) could revoke the license. City of Roswell v. Ferguson, 1959-NMSC-069, 66 N.M. 152, 343 P.2d 1040.
Municipality may enact drunken driving ordinance notwithstanding that state statute likewise covers same subject matter and provides penalty for violations. Mares v. Kool, 1946-NMSC-032, 51 N.M. 36, 177 P.2d 532.
Mandatory revocation by state not denial of jury trial. — Mandatory revocation by state authorities of the driving license of any person convicted under Section 64-13-59, 1953 Comp. (similar to this section), for a period of one year does not deny the right to trial by a jury in district court on appeal, in violation of N.M. Const., art. II, §§ 12 and 14. City of Tucumcari v. Briscoe, 1954-NMSC-103, 58 N.M. 721, 275 P.2d 958.
Review of mandatory revocation of license. — Although the Motor Vehicle Code is silent as to any provision expressly authorizing the right to appeal from a mandatory revocation of a driver's license, this omission does not deprive one whose license has been revoked of a right of judicial review by the district court of the administrative action by means of a petition for writ of certiorari. Littlefield v. State ex rel. Taxation & Revenue Dep't, 1992-NMCA-083, 114 N.M. 390, 839 P.2d 134, cert. denied, 114 N.M. 123, 835 P.2d 839.
Jurisdiction of proceeding for restoration of driving privileges. — Because plaintiffs had never applied for, much less been denied, a driver's license after expiration of the one-year revocation period, they failed to take the mandated administrative steps necessary to vest jurisdiction in the district court of their action seeking restoration of their driving privileges. Alvarez v. State Taxation and Revenue Dep't, 1999-NMCA-006, 126 N.M. 490, 971 P.2d 1280.
Division bound by plea agreement. — Since, pursuant to a plea bargain, the judgment and sentence upon conviction of a motorist for driving under the influence expressly provided that the conviction was to be treated as a first conviction under Section 66-8-102 NMSA 1978, the division was bound by the judgment and had no authority to revoke the motorist's license, even though the motorist had a previous conviction. Collyer v. State Taxation & Revenue Dep't Motor Vehicle Div., 1996-NMCA-029, 121 N.M. 477, 913 P.2d 665.
Plea agreement binding only with respect to offense charged. — A district court judgment entered pursuant to a plea agreement, both of which provided that defendant's offense of driving while intoxicated would be treated as a first offense for all lawful purposes, did not prevent the motor vehicle division from revoking defendant's license for repeat violations of the Implied Consent Act. Medrow v. Taxation & Revenue Dep't, 1998-NMCA-173, 126 N.M. 332, 968 P.2d 1195.
Revocation required upon conviction. — The revocation of the license of one convicted of driving while intoxicated is required. The record of conviction of this offense in the justice of the peace court (now magistrate court) was sufficient evidence of the offense, and commissioner (now director) could properly suspend his license (rendered under former provision comparable to Paragraphs (2) and (3) of Subsection A of this section. 1959-60 Op. Att'y Gen. No. 60-194
Division cannot revoke for conviction on Indian reservation. — 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 Section 66-5-26 NMSA 1978), even though the tribal court sends a record of a conviction to the division. 1961-62 Op. Att'y Gen. No. 62-06.
Finality of conviction not suspended by deferred judgment and sentence. — If the imposition of the judgment and sentence of the court is deferred under the provisions of Section 31-20-3 NMSA 1978, the finality of the conviction is not suspended within the meaning of Sections 64-13-58 and 64-13-59, 1953 Comp. (similar to Section 66-5-28 NMSA 1978 and this section). 1959-60 Op. Att'y Gen. No. 60-49.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 115 to 121.
Necessity of notice and hearing before revocation or suspension of motor vehicle driver's license, 60 A.L.R.3d 361.
Sufficiency of notice and hearing before revocation or suspension of motor vehicle driver's license, 60 A.L.R.3d 427.
60 C.J.S. Motor Vehicles § 164.5.
