2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Section 66-7-8 - Provisions uniform throughout state.

The provisions of Article 7 of Chapter 66 NMSA 1978 shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein and no local authority shall enact or enforce any ordinance, rule or regulation in conflict with such provisions unless expressly authorized herein. Local authorities may, however, adopt additional traffic regulations which are not in conflict with such provisions.

History: 1953 Comp., § 64-7-8, enacted by Laws 1978, ch. 35, § 378.

Ordinance proscribing drunk driving solely on public highways not inconsistent. — A city ordinance which was construed by the court of appeals to proscribe drunk driving solely on public highways was not inconsistent with the broader state proscription. City of Las Cruces v. Davis, 1975-NMCA-044, 87 N.M. 425, 535 P.2d 68.

Albuquerque's ordinance making it unlawful for any person under the influence to operate vehicle is enforceable under and consistent with state law. The fact that the ordinance defines an attempted misdemeanor does not mean it is invalid because Section 30-28-1 NMSA 1978 prohibits sentencing for an attempted misdemeanor. The latter is a general law and is not applicable if a special law covers the same matter. Likewise, the last sentence of former Section 64-15-7, 1953 Comp. (similar to this section), specifically authorizes Albuquerque to adopt additional traffic regulations. City of Albuquerque v. Chavez, 1978-NMCA-032, 91 N.M. 559, 577 P.2d 457, cert. denied, 91 N.M. 610, 577 P.2d 1256.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 17, 206.

60 C.J.S. Motor Vehicles § 43.