2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 8 - Crimes, Penalties and Procedure
Section 66-8-127 - Procedure not exclusive.
Sections 66-8-122 through 66-8-125 NMSA 1978 govern all police officers in making arrests without warrant for violations of the Motor Vehicle Code [66-1-1 NMSA 1978] and other laws relating to motor vehicles, but the procedure prescribed is not exclusive of any other method prescribed by law for the arrest and prosecution of a person violating these laws.
History: 1953 Comp., § 64-8-127, enacted by Laws 1978, ch. 35, § 535.
The common law right to citizen's arrests for suspected violations the Motor Vehicle Code has been abrogated by the legislature. State v. Slayton, 2009-NMSC-054, 147 N.M. 340, 223 P.3d 337.
Warrantless misdemeanor arrests proper when probable cause offense being committed. — Peace officers in this state can make arrests without warrants for other than trivial misdemeanors when they have probable cause to believe an offense is being committed in their presence. Such probable cause exists when there is a reasonable foundation for the judgment of the officer that a misdemeanor is being committed. 1961-62 Op. Att'y Gen. No. 61-117.
