2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards
Section 66-5-35 - Limited driving privilege upon suspension or revocation.
A. Upon suspension or revocation of a person's driving privilege or driver's license following conviction or adjudication as a delinquent under any law, ordinance or rule relating to motor vehicles, the person may apply to the department for a driver's license, provisional license or instruction permit to drive, limited to use allowing the person to engage in gainful employment, to attend school or to attend a court-ordered treatment program, except that the person shall not be eligible to apply:
(1) for a limited commercial driver's license or an ignition interlock license in lieu of a revoked or suspended commercial driver's license;
(2) for a limited license when the person's driver's license was revoked pursuant to the provisions of the Implied Consent Act [66-8-105 through 66-8-112 NMSA 1978], except as provided in the Ignition Interlock Licensing Act [66-5-501 to 66-5-504 NMSA 1978];
(3) for a limited license when the person's driver's license was revoked pursuant to the provisions of Section 66-8-102 NMSA 1978, except as provided in the Ignition Interlock Licensing Act;
(4) for a limited license when the person's driver's license is denied pursuant to the provisions of Subsection D of Section 66-5-5 NMSA 1978, except as provided in the Ignition Interlock Licensing Act; or
(5) for a limited license when the person's driver's license was revoked pursuant to a conviction for committing homicide by vehicle, great bodily harm by vehicle, or homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or drugs, as provided in Section 66-8-101 NMSA 1978, except as provided in the Ignition Interlock Licensing Act.
B. Upon receipt of a fully completed application that complies with statutes and rules for a limited license or an ignition interlock license and payment of the fee specified in this subsection, the department shall issue a limited license, ignition interlock license or permit to the applicant showing the limitations specified in the approved application. For each limited license, ignition interlock license or permit to drive, the applicant shall pay to the department a fee of forty-five dollars ($45.00), which shall be transferred to the department of transportation. All money collected under this subsection shall be used for DWI prevention and education programs for elementary and secondary school students. The department of transportation shall coordinate with the department of health to ensure that there is no program duplication. The limited license or permit to drive may be suspended as provided in Section 66-5-30 NMSA 1978.
History: 1953 Comp., § 64-5-35, enacted by Laws 1978, ch. 35, § 257; 1983, ch. 257, § 1; 1984, ch. 72, § 3; 1985, ch. 178, § 1; 1987, ch. 268, § 24; 1989, ch. 164, § 1; 1993, ch. 66, § 5; 1999, ch. 62, § 1; 2001, ch. 47, § 1; 2001, ch. 242, § 1; 2003, ch. 239, § 10; 2005, ch. 241, § 4; 2005, ch. 269, § 4; 2007, ch. 319, § 47; 2013, ch. 101, § 1.
Cross references. — For definitions of "director" and "division", see 66-1-4.4 NMSA 1978.
For financial responsibility, see 66-5-201 NMSA 1978 et seq.
The 2013 amendment, effective July 1, 2013, prohibited the issuance of a limited license to a person convicted of homicide by vehicle or great bodily harm by vehicle except as provided in the Ignition Interlock Licensing Act; and in Paragraph (5) of Subsection A, after "great bodily", deleted "injury" and added "harm", after "great bodily harm by vehicle", added "or homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or drugs", and after "Section 66-8-101 NMSA 1978", added "except as provided in the Ignition Interlock Licensing Act".
The 2007 amendment, effective June 15, 2007, provided for driver's licenses, provisional licenses or instruction permits and eliminated the provisions that provided for a hearing on the denial of a limited driver's license and for review of a hearing officer's order.
The 2005 amendment, effective June 17, 2005, deleted the reference to former Subsection B in Subsection A(2) and deleted former Subsection B, which provided that a first time offender may apply for a limited license, permit or ignition interlock license thirty days after suspension or revocation of his license if the person is enrolled in a DWI school and has proof of financial responsibility. .
Laws 2005, ch. 241, § 4 and Laws 2005, ch. 269, § 4 enacted identical amendments to 66-5-35 NMSA 1978. The section was set out as amended by Laws 2005, ch. 269, § 4. See 12-1-8 NMSA 1978.
The 2003 amendment, effective April 6, 2003, rewrote the section.
The 2001 amendment, effective July 1, 2001, in Subsection A, inserted "or to attend a court-ordered treatment program" in the introductory paragraph; in Subsection B, added the Paragraph 3(a) designation, redesignated Paragraph (4) as (3)(b), added Paragraph (3)(c); and added Paragraph C(5).
This section was also amended by Laws 2001, ch. 47, § 1, effective July 1, 2001. The section was set out as amended by Laws 2001, ch. 242, § 1. See 12-1-8 NMSA 1978.
The 1999 amendment, effective July 1, 1999, in Subsection A inserted "a person's driver's", substituted "department" for "director", inserted "or to attend school", and deleted "for a limited license when the person's license was revoked or suspended pursuant to" at the end of the introductory language, added Paragraph (1), redesignated former Paragraphs (1) and (2) as Paragraphs (2) and (3), in Paragraphs (2) and (3) added "for a limited license when the person's driver's license was revoked pursuant to", added the language beginning "except that" to the end in Paragraph (3), added Paragraph (4); in Subsection B in the introductory language substituted "whose driver's license is" for "who has had his license", inserted the language beginning "or for the second" and ending "Section 66-8-111 NMSA 1978", inserted the language beginning "pays every" and ending "department and" and substituted "department" for "director", in Paragraph (1) substituted the language beginning "a DWI" to the end for "an approved DWI school and an approved alcohol screening program", rewrote Paragraph (3); added Subsections C and D; redesignated former Subsections C through E as Subsections E through G; in Subsection E in the first sentence substituted the language beginning "a fully" and ending "the department" for "the application, proof of financial responsibility for the future and a hearing as provided in Subsection D of this section, the director", deleted "provided that the applicant meets established uniform criteria for limited driving privileges adopted by regulation of the department" at the end of the sentence, and substituted "department" for "division" in the second sentence; rewrote Subsection F; in Subsection G substituted "hearing officer" for "director" in the first sentence, deleted the second sentence which read, "The district court, upon thirty days' written notice to the director, shall hear the case"; and made minor stylistic changes.
The 1993 amendment, effective January 1, 1994, inserted "except as provided in Subsection B of this section" in Paragraph (1) of Subsection A; deleted the former second sentence of Paragraph (2) of Subsection A which prohibited issuance of a limited license following a consent decree resulting from a filing of delinquency based on a violation involving driving under the influence of intoxicating liquor or drugs; inserted currrent Subsection B; inserted the subsection designation "C"; substituted "department of health to ensure" for "alcoholism bureau of the health and environment department to insure" in the next to last sentence of Subsection C; redesignated former Subsections B and C as Subsections D and E; deleted "Subection A of" preceding "this section" in the first sentence of Subsection D and in the final sentence of Subsection E; substituted "approving" for "issuing the applicant a limited license or permit to drive" and substituted "any of" for "one or both of" in the next to last and final sentences of Subsection D; and made a minor stylistic change in Subsection C.
The 1989 amendment, effective June 16, 1989, in Subsection A inserted "state highway and transportation" in the third and fourth sentences of the undesignated last paragraph.
Section 66-8-112 NMSA 1978 and this section are not read to preclude application of Section 39-3-1.1 NMSA 1978 allowing appeal of final decisions by agencies to district court. Dixon v. State Taxation & Revenue Dep't, 2004-NMCA-044, 135 N.M. 431, 89 P.3d 680.
Party should file petition for certiorari when that party is seeking review in the court of appeals of a district court's determination on appeal from a motor vehicles division decision revoking a license or denying a limited license. Dixon v. State Taxation & Revenue Dep't, 2004-NMCA-044, 135 N.M. 431, 89 P.3d 680.
Subsequent offenders excluded. — As a result of the 1984 amendment, no limited license for gainful employment shall be issued when the applicant's license has been revoked or suspended for an offense occurring after July 1, 1984 for which the applicant is a subsequent offender. Minero v. Dominguez, 1985-NMCA-100, 103 N.M. 551, 710 P.2d 745.
Person is not permitted to operate motor vehicle on basis of documents in his or her possession which could, upon performance of a ministerial function by a government official, lead to the issuance of a license. An applicant for a limited driving permit who has obtained the required judicial approval and financial responsibility endorsement may not lawfully drive before the limited permit is actually issued. 1980 Op. Att'y Gen. No. 80-21.
Provision not restricted to first-time convictions. — There is no indication that Section 64-13-64.1, 1953 Comp. (similar to this section), can be used only in cases of first-time convictions, and in the absence of such legislative declaration it is not to be so restricted. 1972 Op. Att'y Gen. No. 72-48.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 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 § 164.46.
