2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 8 - Crimes, Penalties and Procedure
Section 66-8-1 - Fraudulent applications.

Any person who fraudulently uses a false or fictitious name in any application for the registration of a vehicle or a certificate of title, or knowingly makes a false statement, or knowingly conceals a material fact or otherwise commits a fraud in any such application shall upon conviction be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.

History: 1953 Comp., § 64-8-1, enacted by Laws 1978, ch. 35, § 499.

Provision's specific misdemeanor sentence controls Criminal Code misdemeanor sentence. — Sections 30-1-6 and 31-19-1 NMSA 1978 refer generally to the sentence for misdemeanors; Section 64-10-1, 1953 Comp. (similar to this section), the statute which defendant violated, provides a specific sentence for that misdemeanor. If the general statute, standing alone, would include the same matter as the special statute and thus conflict with the special statute, the special statute controls since it is considered an exception to the general statute. State v. Sawyers, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.

"Not less than one year" portion of defendant's sentence is void because it is in excess of the court's sentencing authority because Section 64-10-1, 1953 Comp. (similar to this section), does not provide for a minimum sentence. Sentences which are unauthorized by law are void. The "not more than one year" portion of the sentence is authorized by this section. State v. Sawyers, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.

State penitentiary proper place of confinement for violation. — The place of confinement for misdemeanors under the Criminal Code is the county jail under Section 31-19-1 NMSA 1978. This section is not applicable because defendant violated Section 64-10-1, 1953 Comp. (similar to this section), which is not a Criminal Code misdemeanor; therefore, the proper place of his confinement is the state penitentiary. State v. Sawyers, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.

Violation to register vehicle under false or fictitious name. — In the event a person, be he minor or adult, registered a motor vehicle under a false or fictitious name, he was in violation of this section's predecessor and may be prosecuted for that violation under said law. 1953-54 Op. Att'y Gen. No. 53-5654.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 93.

61A C.J.S. Motor Vehicles §§ 588, 594.