2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards
Section 66-5-32 - Period of suspension or revocation.
A. The division shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than one year except as permitted under Subsection C of this section and Sections 60-7B-1, 66-5-5, 66-5-39 and 66-5-39.1 NMSA 1978.
B. Except as provided in the Ignition Interlock Licensing Act [66-5-501 to 66-5-504 NMSA 1978], a person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be entitled to have the license or privilege renewed or restored unless the revocation was for a cause that has been removed, except that after the expiration of the periods specified in Subsections B and C of Section 66-5-29 NMSA 1978 from the date on which the revoked license was surrendered to and received by the division, the person may make application for a new license as provided by law.
C. The suspension period for failure to appear or failure to remit the penalty assessment shall, at the discretion of the director, be extended indefinitely subject to the provisions of Subsection B of Section 66-5-30 NMSA 1978.
History: 1953 Comp., § 64-5-32, enacted by Laws 1978, ch. 35, § 254; 1981, ch. 360, § 6; 1990, ch. 120, § 27; 2003, ch. 239, § 9; 2005, ch. 241, § 3; 2005, ch. 269, § 3; 2013, ch. 163, § 1.
The 2013 amendment, effective July 1, 2013, clarified the period of suspension or revocation of driver's licenses; and in Subsection A, after "Sections", added "60-7B-1" and after "66-5-39", added "and 66-5-39.1".
The 2005 amendment, effective June 17, 2005, added the provision in Subsection B that a license may be restored after the expiration of the periods specified in Subsection C of 66-5-29 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.
The 1990 amendment, effective July 1, 1990, substituted "the period specified in Subsection B of Section 66-5-29 NMSA 1978" for "one year", deleted "but the division shall not then issue a new license unless and until it is satisfied, after investigation of the character, habits and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways" following "as provided by law", and made minor stylistic changes in Subsection B.
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.
Construction of provision limiting revocation. — Provision that driver's license is not to be revoked for more than one year under Section 64-13-62, 1953 Comp. (similar to this section), was enacted prior to the Implied Consent Act (Sections 64-22-2.4 to 64-22-2.12, 1953 Comp.) (similar to Sections 66-8-105 to 66-8-112 NMSA 1978) and must be read in conjunction therewith. 1972 Op. Att'y Gen. No. 72-01.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 145.
60 C.J.S. Motor Vehicles §§ 164.48, 164.49.
