2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 8 - Crimes, Penalties and Procedure
Section 66-8-7 - Penalty for misdemeanor.

A. It is a misdemeanor for any person to violate any provision of the Motor Vehicle Code [66-1-1 NMSA 1978] unless the violation is declared a felony.

B. Unless another penalty is specified in the Motor Vehicle Code, every person convicted of a misdemeanor for violation of any provision of the Motor Vehicle Code shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for not more than ninety days or both.

History: 1953 Comp., § 64-8-7, enacted by Laws 1978, ch. 35, § 505; 1989, ch. 320, § 3.

Cross references. — For the general sentence for a misdemeanor, see 30-1-6 NMSA 1978.

The 1989 amendment, effective July 1, 1989, in Subsection B, substituted "three hundred dollars ($300)" for "one hundred dollars ($100)".

The court does not have jurisdiction to require a defendant, as part of his sentence, to perform community service, write a letter of apology to the victim's family and pay restitution. State v. Gallegos, 2007-NMCA-112, 142 N.M. 447, 166 P.3d 1101, cert. denied, 2007-NMCERT-006, 142 N.M. 15, 162 P.3d 170.

Illegal sentence. — Sentence of 364 days for driving without a valid driver's license was illegal and void. State v. Ingram, 1998-NMCA-177, 126 N.M. 426, 970 P.2d 1151, cert. denied, 126 N.M. 533, 972 P.2d 352.

Applicability of Section 31-18-13 NMSA 1978. — Subsection B is governed by the provisions of Section 31-18-13D NMSA 1978. The violation is not declared to be a felony. Since it is not declared to be a felony and is not punishable by a specified sentence, Section 31-18-13D NMSA 1978 applies. State v. Mendoza, 1993-NMCA-027, 115 N.M. 772, 858 P.2d 860, cert. denied sub nom., Jaramillo v. State, 115 N.M. 359, 857 P.2d 481.

Warrantless home arrest not merited. — The minor offenses of careless driving and leaving the scene of an accident do not merit the extraordinary recourse of warrantless home arrest. Howard v. Dickerson, 34 F.3d 978 (10th Cir. 1994).

Misdemeanor classification of violation not repugnant to provision's authorized imprisonment. — Although as amended, Section 64-10-7, 1953 Comp. (similar to this section), classifies a violation of Section 64-10-1, 1953 Comp. (similar to Section 66-8-1 NMSA 1978), as a misdemeanor, this classification is not repugnant to the imprisonment authorized by Section 64-10-1, 1953 Comp. Section 64-10-7, 1953 Comp., as amended, recognizes that a penalty for a misdemeanor violation may be specified that differs from the general misdemeanor penalty. Rather than being repugnant, Section 64-10-7, 1953 Comp., as amended, is reconcilable with Section 64-10-1, 1953 Comp. The doctrine of repeal by implication is not applicable. State v. Sawyers, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.

Since imprisonment provision allowed exception to general misdemeanor sentence. — By Section 64-10-7, 1953 Comp. (similar to this section), a person convicted of a misdemeanor for violation of the Motor Vehicle Code is to be punished by a fine of not more than $100, imprisonment for not more than 90 days or both, "unless another penalty is specified in the Motor Vehicle Code." The amendment thus recognized that other penalties may be specified. Section 64-10-1, 1953 Comp. (similar to Section 66-8-1 NMSA 1978), specifies such a penalty. It authorizes imprisonment for not more than one year. State v. Sawyers, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.

Legislative history of section. State v. Barela, 1980-NMCA-092, 95 N.M. 349, 622 P.2d 254, overruled on other grounds by State v. Yazzie, 1993-NMCA-101, 116 N.M. 83, 860 P.2d 213.

Injunction inappropriate penalty. — When defendant was convicted of numerous violations of the Motor Vehicle Code and the court issued an injunction prohibiting defendant from operating his vehicle until he satisfied the licensing and registration requirements of the Motor Vehicle Code, the injunction exceeded the court's authority, since the legislature has not authorized courts to issue injunctions as an additional means of enforcing the code. State v. Bailey, 1994-NMCA-107, 118 N.M. 466, 882 P.2d 57, cert. denied, 118 N.M. 256, 880 P.2d 867.

Administrative penalties not "another penalty". — When Section 64-10-7, 1953 Comp. (similar to this section), speaks of "another penalty," it means another penalty for the criminal act. Such a penalty must be either a term of imprisonment or a fine payable into the current school fund. The administrative penalties of Section 64-3-14, 1953 Comp., (similar to Section 66-3-19 NMSA 1978), do not meet this test. 1961-62 Op. Att'y Gen. No. 61-72.

Criminal penalties not exclusion of imposition of administrative penalties. — The criminal penalties prescribed by Section 64-10-7, 1953 Comp. (similar to this section), do not exclude imposition of the administrative penalties prescribed by Section 64-3-14, 1953 Comp. (similar to Section 66-3-19 NMSA 1978). 1961-62 Op. Att'y Gen. No. 61-72.

Motor vehicle misdemeanor may involve jury trial. — Persons charged with offenses classified as misdemeanors under the Motor Vehicle Code may under Rule 6-602 demand a jury trial but are not afforded one as a matter of right. 1979 Op. Att'y Gen. No. 79-17.

Magistrate may order restitution. — The magistrate may, as part of its sentencing power, order a Criminal Code or Motor Vehicle Code violator to make restitution. 1979 Op. Att'y Gen. No. 79-18.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A C.J.S. Motor Vehicles § 594.

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.