2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 8 - Crimes, Penalties and Procedure
Section 66-8-116 - Penalty assessment misdemeanors; definition; schedule of assessments.

A. As used in the Motor Vehicle Code and the Boat Act, "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D through F of this section, the listed penalty assessment is established:

B. The term "penalty assessment misdemeanor" does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person.

C. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor and probation imposed upon a suspended or deferred sentence shall not exceed ninety days.

D. The penalty assessment for speeding in violation of Paragraph (5) of Subsection A of Section 66-7-301 NMSA 1978 is twice the penalty assessment established in Subsection A of this section for the equivalent miles per hour over the speed limit.

E. Upon a second conviction for operation without a permit for excessive size or weight pursuant to Section 66-7-413 NMSA 1978, the penalty assessment shall be two hundred fifty dollars ($250). Upon a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500).

F. Upon a second conviction for transport of a reducible load with a permit for excessive size or weight pursuant to Subsection N of Section 66-7-413 NMSA 1978 more than six miles from a port-of-entry facility on the border with Mexico, the penalty assessment shall be five hundred dollars ($500). Upon a third or subsequent conviction, the penalty assessment shall be one thousand dollars ($1,000).

History: 1953 Comp., § 64-8-116, enacted by Laws 1978, ch. 35, § 524; 1981, ch. 360, § 8; 1983, ch. 134, § 7; 1985, ch. 131, § 5; 1987, ch. 332, § 2; 1988, ch. 121, § 5; 1989, ch. 316, § 1; 1989, ch. 317, § 3; 1989, ch. 318, § 34; 1989, ch. 319, § 11; 1989, ch. 320, § 4; 1990, ch. 120, § 37; 1991, ch. 192, § 9; 1995, ch. 135, § 24; 2000, ch. 22, § 2; 2002, ch. 71, § 2; 2003, ch. 51, § 16; 2005, ch. 10, § 2; 2006, ch. 48, § 3; 2007, ch. 209, § 12; 2009, ch. 208, § 1; 2011, ch. 58, § 2; 2013, ch. 205, § 1; 2014, ch. 5, § 2; 2016, ch. 63, § 4; 2018, ch. 74, § 53.

Cross references. — For payment in foreign currency under the Motor Vehicle Code, see 66-6-36 NMSA 1978.

For the penalty for a misdemeanor, see 66-8-7 NMSA 1978.

For the punishment of children for traffic violations, see 32A-2-29 NMSA 1978.

For local governments correction fund, see 33-3-25 NMSA 1978.

For court automation fund, see 34-9-10 NMSA 1978.

For court automation fee, see 35-6-1 NMSA 1978, 66-8-116.3 NMSA 1978, and 66-8-119 NMSA 1978.

The 2018 amendment, effective July 1, 2018, provided the penalty assessments for certain violations of the Motor Vehicle Code; in Subsection A, after "66-3-24", deleted "20.00" and added "25.00"; added new penalty assessments for "Horseless carriage registration", "Transfer of registration and title", "Expiration of dealer plates", "Special registration plates", "Bicycle laws", "No license display", and "Failure to change address or name on license" and added the corresponding statutory references; after "66-7-104", deleted "10.00" and added "25.00", and after "66-7-105", deleted "10.00" and added "25.00"; added new penalty assessments for "Pedestrian signs and signals" and added the corresponding statutory references; after "Speeding (1) up to and including ten miles an hour over the speed limit", deleted "15.00" and added "25.00"; increased the penalty assessment to "25.00" for violations of "66-7-305", "66-7-306", "66-7-324", "66-7-354", "66-7-308", "66-7-313", 66-7-316", 66-7-317", "66-7-319", "66-7-309 through 66-7-312", "66-7-315", "66-7-320", "66-7-321", "66-7-322", "66-7-323", "66-7-325", "66-7-318", "66-7-328 through 66-7-331"; after "66-7-333", deleted "10.00" and deleted "Pedestrian violation" and added "through"; after "66-7-340", deleted "10.00" and added "25.00"; after "66-7-346", deleted "10.00" and added "25.00"; after "66-7-327", deleted "10.00" and added "25.00"; added new penalty assessments for "Riding on motorcycles", "Video screens in automobiles", "Driving on mountain highways", "Coasting prohibited", "Animals on highway at night" and added the corresponding statutory references; after "66-3-801", added "through 66-3-840 and 66-3-842"; after "66-3-851", deleted "25.00" and added "50.00"; after "66-3-901", deleted "20.00" and added "50.00"; after "66-3-857", deleted "10.00" and added "25.00", after "66-7-353", deleted "5.00" and added "25.00"; after "66-3-852", deleted "5.00" and added "25.00"; deleted the penalty assessment for "Failure to dim lights"; after "66-7-366", deleted "5.00" and added "25.00"; after "66-7-367", deleted "5.00" and added "25.00"; after "Texting while driving", added paragraph designation "(1)", after "66-7-374 25.00", deleted the penalty assessment for "Texting while driving subsequent violation 66-7-374" and added "(2) second and subsequent violation"; after "while driving a commercial motor vehicle", deleted "Section 1 of this 2016 act" and added "66-7-375", and deleted "25.00 Using a handheld mobile communication device while driving a commercial motor vehicle subsequent violation Section 1 of this 2016 act"; and added "(1) first violation 25.00 (2) second and subsequent violation"; and in Subsection D, after "Paragraph", deleted "(4)" and added "(5)".

The 2016 amendment, effective May 18, 2016, provided penalty assessments for using a handheld mobile communication device while driving a commercial motor vehicle; in Subsection A, after "Texting while driving - first violation", deleted "Section 1 of this 2014 act" and added "66-7-374", after "Texting while driving subsequent violation", deleted "Section 1 of this 2014 act" and added "66-7-374", and after the penalty assessment for "Texting while driving subsequent offense", added "Using a handheld mobile communication device while driving a commercial motor vehicle Section 1 of this 2016 act" "25.00" and "Using a handheld mobile communication device while driving a commercial motor vehicle subsequent violation Section 1 of this 2016 act" "50.00".

The 2014 amendment, effective July 1, 2014, provided penalty assessments for texting while driving; and in Subsection A, at the end of the subsection, after the penalty assessment for "Open container - first violation", added penalty assessments for "Texting while driving - first violation Section 1 of this 2014 act 25.00" and "Texting while driving - subsequent violation Section 1 of this 2014 act 50.00".

The 2013 amendment, effective July 1, 2013, provided penalty assessments for additional motor vehicle violations; in Subsection A, added penalty assessments for improper display of registration plate, failure to notify of change of name or address, lost or damaged registration plate or title, permitting unlicensed person to drive, and minor on motorcycle without helmet; increased the penalty assessment for permitting unauthorized minor to drive from ten ($10.00) to fifty dollars ($50.00); and increased the penalty assessment for improper equipment from ten ($10.00) to twenty five ($25.00) dollars.

The 2011 amendment, effective July 1, 2011, in Subsection A, added a penalty assessment of $100 for violation of Section 66-7-413 NMSA 1978, which prohibits the transport of a reducible load with a special permit more than six miles from a border crossing; and add Subsection F to impose a penalty assessment of $500 for a second violation and $1,000 for a third violation of Section 66-7-413 NMSA 1978.

The 2009 amendment, effective June 19, 2009, increased the penalty for a railroad-highway grade crossing violation from $10 to $150.

The 2007 amendment, effective July 1, 2007, added Subsection E.

The 2006 amendment, effective May 17, 2006, deleted the penalty assessment in Subsection A for improper parking under Section 66-7-352.5 NMSA 1978.

The 2005 amendment, effective June 17, 2005, increased the penalty assessment for failure to yield upon approach of an authorized emergency vehicle from $10.00 to $50.00 in violation of Section 66-7-332 NMSA 1978.

The 2003 amendment, effective March 19, 2003, in the table, rewrote the "Failure to stop" entry and added "Railroad-highway grade crossing violation" entry; in Subsection C, substituted "a fine" for "no fine" preceding "imposed upon later", inserted "not" preceding "exceed the penalty", deleted "no" preceding "probation imposed upon", and inserted "not" near the end.

The 2002 amendment, effective May 15, 2002, in Subsection A, inserted the exception clause in the introductory language and lowered the fines in Paragraphs (3) and (4) under "Speeding" in the table; and added Subsection D.

The 2000 amendment, effective July 1, 2000, in Subsection A, deleted the fines for "Litterbugging", violating Sections 30-8-4 ($50.00) and 30-8-10 ($100.00), changed the common name of the violation "Litterbugging" to "Littering", which violates 66-7-364 NMSA 1978, and increased the fine from $100.00 to $300.00.

The 1995 amendment, effective June 16, 1995, increased the fine for a violation of Section 66-7-352.5 from $25.00 to $50.00.

The 1991 amendment, effective June 14, 1991, in Subsection A, added Paragraphs (5) to (7) under the offense of "Speeding", inserted "66-7-532 and" in the "SECTION VIOLATED" column for the offense of "Improper parking" the first time it appears, added the offense of "Improper parking" the second time it appears and added the offense of "Open container - first violation"; in Subsection B, deleted former Paragraph (1) which read "of speeding in excess of twenty-five miles an hour in excess of the speed limit" and made related and minor stylistic changes; and, in Subsection C, substituted "and no probation imposed upon a suspended or deferred sentence shall exceed ninety days" for "nor shall the fine imposed be suspended or deferred" at the end.

The 1990 amendment, effective July 1, 1990, in Subsection A, deleted "and 66-7-302" in the "section violated" column opposite "Speeding," and substituted "common name of offense," "section violated", and "penalty assessment" for "Child not in restraint device or seat belt," "Failure to secure load" and "Operation without oversize-overweight permit"; and, in Subsection C, added "nor shall the fine imposed be suspended or deferred" at the end.

The 1989 amendment, effective July 1, 1989, added the entry for failure to obey sign; under the entries for speeding, in Item (1), substituted "up to and including ten miles an hour" for "up to fifteen miles an hour", in Item (2), substituted "from eleven up to and included "fifteen miles an hour" for "from fifteen to twenty-five miles an hour", while in the Penalty column therefor substituted "30.00" for "25.00", and added Items (3) and (4) and the Penalty Assessments therefor; in the entry for passing school bus, in the Penalty column, substituted "100.00" for "25.00"; in the entry for improper equipment, in the Penalty column, substituted "200.00" for "100.00"; and deleted former Subsections D and E, relating to a penalty assessment of $10.00 to help defray local government corrections and also an assessment of a court automation fee of $3.00.

Compiler's notes. — Section 66-8-116 NMSA 1978 was amended by Laws 1989, ch. 316, § 1, Laws 1989, ch. 317, § 3, Laws 1989, ch. 318, § 34, Laws 1989, ch. 319, § 11 and Laws 1989, ch. 320, § 4. The section was set out as amended by Laws 1989, ch. 320, § 4. See 12-1-8 NMSA 1978.

The 1988 amendment, effective March 8, 1988, substituted "ten dollars ($10.00)" for "five dollars ($5.00)" in Subsection D and added Subsection E.

The 1987 amendment, effective June 19, 1987, in the table, in the fourth entry in the middle column substituted "Section 66-7-372" for "Section 3 of the Safety Belt Use Act" and added the twenty-third line to the table which provides the penalty assessment for failure to yield under 66-7-332.1 NMSA 1978.

System of penalty assessment procedures is entirely statutory in origin. 1969 Op. Att'y Gen. No. 69-88.

Juvenile has option of assessment or appearing in juvenile court. — The state police may give a juvenile the option of accepting a penalty assessment on a traffic violation or appearing in juvenile court. 1972 Op. Att'y Gen. No. 72-12.

Prosecution of complaint filed by person not law enforcement officer. — If an offense defined as a "penalty assessment misdemeanor" is committed and the offender is not arrested by a police officer, then a person other than a law enforcement officer may file a criminal complaint in accordance with the procedure established for all misdemeanors, and the prosecution of such a complaint would be undertaken at the discretion of the district attorney. 1981 Op. Att'y Gen. No. 81-18.

Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes "minor traffic infraction" excludable from calculation of defendant's criminal history under United States Sentencing Guidelines § 4A1.2(c)(2). 113 A.L.R. Fed 561.