2019 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Part 3 - ACCIDENTS
Section 66-7-201 - Accidents involving death or personal injuries.

A. The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 66-7-203 NMSA 1978. Every such stop shall be made without obstructing traffic more than is necessary.

B. Any person failing to stop or to comply with the requirements of Section 66-7-203 NMSA 1978 where the accident results in great bodily harm or death is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

C. Any person who knowingly fails to stop or to comply with the requirements of Section 66-7-203 NMSA 1978 where the accident results in great bodily harm or death is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

D. Any person failing to stop or comply with the requirements of Section 66-7-203 NMSA 1978 where the accident does not result in great bodily harm or death is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Subsection A of Section 31-19-1 NMSA 1978.

E. The director shall revoke the license or permit to drive and any nonresident operating privilege of the person so convicted.

History: 1953 Comp., § 64-7-201, enacted by Laws 1978, ch. 35, § 390; 1987, ch. 97, § 2; 1987 ch. 101, § 1; 1989, ch. 383, § 1.

Cross references. — For mandatory revocation of driver's license, see 66-5-29 NMSA 1978.

For immediate appearance before magistrate for violation, see 66-8-122 NMSA 1978.

For settlements, releases and statements of injured patients, see 41-1-1, 41-1-2 NMSA 1978.

The 1989 amendment, effective June 16, 1989, substituted "immediately" for "forthwith" near the middle of the first sentence of Subsection A, added present Subsection C, and redesignated former Subsections C and D as present Subsections D and E.

The 1987 amendment, effective June 19, 1987, in Subsection A, substituted "66-7-203 NMSA 1978" for "64-7-203 NMSA 1953" at the end of the first sentence; rewrote Subsection B; inserted the present Subsection C; and relettered former Subsection C as the present Subsection D.

Laws 1987, ch. 97, § 2, effective April 7, 1987, also amended 66-7-201 NMSA 1978. The section was set out as amended by Laws 1987, ch. 101, § 1. See 12-1-8 NMSA 1978.

Constitutionality. — This section is not vague on the basis that there is no way to distinguish between the elements of the offense contained in Subsections B and C. State v. Cumpton, 2000-NMCA-033, 129 N.M. 47, 1 P.3d 429, cert. denied, 128 N.M. 688, 997 P.2d 820.

Proof required for conviction. — In order to convict defendant of accidents involving death or personal injuries, the state was required to prove that defendant: (1) operated a motor vehicle; (2) was involved in an accident which caused great bodily harm or death of the victim; (3) failed to stop and/or failed to remain at the scene of the accident; and (4) failed to render reasonable aid to the victim. State v. Guzman, 2004-NMCA-097, 136 N.M. 253, 96 P.3d 1173, cert. denied, 2004-NMCERT-008, 136 N.M. 492, 100 P.3d 197.

Every legitimate inference will be drawn against a hit-and-run driver. Lopez v. Townsend, 1938-NMSC-058, 42 N.M. 601, 82 P.2d 921.

Vehicular homicide and leaving the scene of an accident. — Where defendant drove a pickup toward a group of children who were trick-or-treating on Halloween; the chaperone pushed the children out of the way but was struck and killed; defendant stopped and then left the scene of the accident; defendant was convicted of homicide by vehicle under 66-8-101 NMSA 1978 and knowingly leaving the scene of an accident involving great bodily harm or death under 66-7-201 NMSA 1978, defendant's convictions did not violate defendant's double jeopardy rights. State v. Melendrez, 2014-NMCA-062, cert. denied, 2014-NMCERT-006.

Magistrates have jurisdiction of this misdemeanor offense and can impose the maximum penalty and/or a fine, the sentence, if imposed, to be served in the state penitentiary. 1973 Op. Att'y Gen. No. 73-67 (rendered under prior law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 289 to 295, 363, 382.

Failure to comply with statute requiring one involved in automobile accident to stop or report as affecting question as to suspension or tolling statute of limitation, 10 A.L.R.2d 564.

Acquittal of driver of hit-and-run driving as bar to prosecution of one other than driver, 62 A.L.R.2d 1130.

Applicability of criminal "hit-and-run" statute to accidents occurring on private property, 77 A.L.R.2d 1171.

Violation of statute requiring one involved in an accident to stop and render aid as affecting civil liability, 80 A.L.R.2d 299.

Sufficiency of showing of driver's involvement in motor vehicle accident to support prosecution for failure to stop, furnish identification, or render aid, 82 A.L.R.4th 232.

Necessity and sufficiency of showing, in criminal prosecution under "hit-and-run" statute, accused's knowledge of accident, injury, or damage, 26 A.L.R.5th 1.

61A C.J.S. Motor Vehicles §§ 674 to 683.

Admissibility of evidence of prior accidents or injuries at same place. 15 A.L.R.6th 1.