2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 8 - Crimes, Penalties and Procedure
Section 66-8-137 - Compensation of judges and officers; defenses to prosecution.
A. No municipality or other political subdivision of this state shall employ any municipal judge, officer, agent or other person whose compensation in any way depends upon the apprehension, arrest or conviction of any person for violating the Motor Vehicle Code [66-1-1 NMSA 1978] or other state or local law, ordinance or regulation.
B. If any person is arrested or brought to trial for violation of the Motor Vehicle Code or other law, ordinance or regulation relating to motor vehicles punishable as a misdemeanor by any officer, agent or employee of any political subdivision, or before any municipal judge, whose compensation depends in any way upon the arrest or conviction of persons violating these laws, ordinances or regulations, the fact of such compensation or that the person making the arrest was not in uniform at the time is a defense to the charge.
History: 1941 Comp., § 68-2613, enacted by Laws 1953, ch. 139, § 191.1; 1953 Comp., § 64-22-16; Laws 1968, ch. 62, § 167; recompiled as 1953 Comp., § 64-8-137, by Laws 1978, ch. 35, § 545.
Cross references. — For magistrate courts, see 35-1-1 NMSA 1978 et seq.
Incremental payment for targeting the motoring public. — Where defendant was arrested and charged in magistrate court with aggravated DWI; the officer's salary included incremental pay financed from a grant to assist the police department in targeting the motoring public; as part of the officer's duties, the officer was charged with arresting and convicting individuals for offenses that included DWI; the officer was required to submit monthly statistics which the police department used to report the number of accidents investigated and DWI arrests made; the officer's salary increased approximately two dollars per hour as a result of the grant; the officer's pay did not fluctuate with the number of arrests the officer made; and there was no evidence that the officer was required to actually arrest or convict a certain number of individuals in order for the police department to be eligible for the grant, that the officer was required to meet certain quotas to be eligible for the grant, or that the officer's pay was linked to the number of arrests or convictions, the officer's receipt of pay from the grant and the officer's obligation under the grant to make monthly statistical reports did not give rise to a defense under 66-8-137(B) NMSA 1978. State v. Sanchez, 2014-NMCA-095.
This section provides that municipal magistrate's salary cannot depend upon arrests and convictions for violations under the Motor Vehicle Code. 1969 Op. Att'y Gen. No. 69-129.
