2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 8 - Crimes, Penalties and Procedure
Section 66-8-128 - Uniform traffic citation.

A. The department shall prepare a uniform traffic citation containing at least the following information:

(1) an information section, serially numbered and containing spaces for the name, physical address and mailing address, city and state of the individual charged; the individual's physical description, age and sex; the registration number, year and state of the vehicle involved and its make and type; the state and number of the individual's driver's license; the specific section number and common name of the offense charged under the NMSA 1978 or local law; the date and time of arrest; the arresting officer's signature and identification number; and the conditions existing at the time of the violation;

(2) a notice to appear; and

(3) a penalty assessment notice with a place for the signature of the violator agreeing to pay the penalty assessment prescribed.

B. The department shall prescribe how the uniform traffic citation form may be used as a warning notice.

C. The department shall prescribe the size and number of copies of the paper version of the uniform traffic citation and the disposition of each copy. The department may also prescribe one or more electronic versions of the uniform traffic citation, which may be used in the issuance of citations instead of or with paper uniform traffic citations.

D. Any entity that wishes to submit electronic traffic citations instead of or with paper uniform traffic citations required to be submitted to the department shall secure the prior permission of the department.

E. An electronic version of a uniform traffic citation shall include the same information required to be included in a uniform traffic citation. An electronic version of a uniform traffic citation may be signed electronically and a law enforcement officer may submit or file with a court an electronic version of a uniform traffic citation if prior permission of the department has been secured. Where the law requires a law enforcement officer to provide a copy of a citation to a person cited or arrested, a physical copy of the citation shall be provided regardless of whether a paper uniform traffic citation or an electronic version of a uniform traffic citation was used.

History: 1953 Comp., § 64-8-128, enacted by Laws 1978, ch. 35, § 536; 1981, ch. 360, § 12; 1990, ch. 120, § 39; 1995, ch. 135, § 26; 2011, ch. 47, § 1; 2013, ch. 197, § 3.

Cross references. — For penalty assessments, see 66-8-116 NMSA 1978.

For warning notices, see 66-8-123 NMSA 1978.

For electronic authentication and substitution for signature, see 14-3-15.2 NMSA 1978.

The 2013 amendment, effective July 1, 2013, provided for the use of electronic citations; in Subsection C, in the second sentence, after "uniform traffic citation", deleted "and these electronic versions" and added "which" and after "issuance of citations", added the remainder of the sentence; in Subsection D, after "wishes to submit" deleted "uniform" and added "electronic", after "traffic citations", added "instead of or with paper uniform traffic citations", and after "submitted to the department", deleted "by electronic means"; and added Subsection E.

Temporary provisions. — Laws 2013, ch. 197, § 5 provided that the department of public safety and the motor vehicle division of the taxation and revenue department shall develop procedures to carry out the provisions of Laws 2013, ch. 197, §§ 1 to 4.

The 2011 amendment, effective July 2011, required that citations contain a blank for a physical address and a mailing address.

The 1995 amendment, effective June 16, 1995, substituted "department" for "division" throughout the section and "department" for "director" throughout the section and in Subsection C, added "and these electronic versions may be used in the issuance of citations" and made a minor stylistic change.

The 1990 amendment, effective July 1, 1990, deleted "face" at the end of the catchline, inserted the subsection designation "A" at the beginning of the section, redesignated former Subsections A, B and C as present Paragraphs (1), (2) and (3) of present Subsection A, rewrote the provisions of present Subsection A to the extent that a detailed comparison is impracticable, deleted former Subsection D pertaining to a warning notice, and added present Subsections B to D.

Violation of promise is offense in addition to original offense. — When a person to whom a uniform traffic citation has been issued violates his written promise to appear in court, he has committed a violation in addition to that for which he was originally cited. 1961-62 Op. Att'y Gen. No. 61-117.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A C.J.S. Motor Vehicles § 388.