2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 8 - Crimes, Penalties and Procedure
Section 66-8-120 - Parties to a crime.
Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act declared herein to be a crime, whether individually or in connection with one or more other persons or as a principal, agent or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of the Motor Vehicle Code [66-1-1 NMSA 1978] or any other law of this state pertaining to motor vehicles is likewise guilty of such offense.
History: 1953 Comp., § 64-8-120, enacted by Laws 1978, ch. 35, § 528.
Retroactive application of State v. Marquez. — Where defendant suggested that defendant and the driver of the automobile go out for drinks; defendant encouraged the driver to go to several bars where defendant purchased alcohol; after defendant and the driver left a bar, the driver struck and killed a pedestrian; defendant was charged with being a party to a crime under Section 66-8-120 NMSA 1978 after the Court of Appeals issued its opinion in State v. Marquez, 2010-NMCA-064, 148 N.M. 511, 238 P.3d 880; and the district court dismissed the charges against defendant on the ground that Marquez was an unforeseeable interpretation of Section 66-8-120 NMSA 1978 that could not be applied retroactively to defendant, Section 66-8-120 NMSA 1978 clearly sets out that it is a crime for a person to aid and abet in violation of the Motor Vehicle Code and because Marquez neither changed the previous interpretation of Section 66-8-120 NMSA 1978 nor enlarged the scope of the conduct criminalized by Section 66-8-120 NMSA 1978, the court's interpretation of Section 66-8-120 NMSA 1978 in Marquez was foreseeable and applied to defendant. State v. Lovato, 2011-NMCA-065, 150 N.M. 19, 256 P.3d 982, cert. denied, 2011-NMCERT-005, 150 N.M. 666, 265 P.3d 717.
The charges of party to the crime of homicide by vehicle and great bodily harm by a vehicle do not require physical control over a vehicle. State v. Marquez, 2010-NMCA-064, 148 N.M. 511, 238 P.3d 880, cert. quashed, 2010-NMCERT-006, 148 N.M. 582, 241 P.3d 180.
Party to the crime of homicide by vehicle and great bodily harm by a vehicle. — Where defendant and defendant's friend were drinking together in a bar; the friend became so intoxicated that the bar refused service; defendant and the friend were refused service at another bar; defendant bought a twelve-pack of beer and suggested that the friend drive them in the friend's vehicle so that they could continue to party; the friend's vehicle rear-ended a van that resulted in the death of two and great bodily injury of five occupants of the van; seven open beer cans were found in the friend's vehicle; the friend had a breath alcohol content of .19; and defendant stated that defendant knew the friend was intoxicated at the time of the accident, and that defendant should have taken the friend's keys away, although defendant did not have physical control over the friend's vehicle, defendant was guilty of homicide by a vehicle and of great bodily injury by a vehicle while driving a vehicle under the influence of alcohol. State v. Marquez, 2010-NMCA-064, 148 N.M. 511, 238 P.3d 880, cert. quashed, 2010-NMCERT-006, 148 N.M. 582, 241 P.3d 180.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A C.J.S. Motor Vehicles § 590.
