New Mexico Statutes Chapter 66. Motor Vehicles § 66-8-116. Penalty assessment misdemeanors;  definition;  schedule of assessments

A. As used in the Motor Vehicle Code and the Boat Act, “penalty assessment misdemeanor” means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D through F of this section, the listed penalty assessment is established:

COMMON NAME OF OFFENSE

SECTION VIOLATED

PENALTY
ASSESSMENT

Vehicles subject to registration

 66-3-1

$ 50.00

Improper display of registration plate

 66-3-18

  25.00 

Failure to notify of change of name or address

 66-3-23

  25.00 

Lost or damaged registration, plate or title

 66-3-24

  25.00 

Horseless carriage registration

 66-3-27

  25.00 

Transfer of registration and title

 66-3-103

  25.00 

Expiration of dealer plates

 66-3-403

  25.00 

Special registration plates

 66-3-409, 66-3-412.1,
66-3-413, 66-3-415,
66-3-417, 66-3-419,
66-3-421, 66-3-422,
66-3-424.4, 66-3-424.5,
66-3-424.7, 66-3-424.9,
66-3-424.13, 66-3-424.16
and 66-3-424.28

  75.00 

Bicycle laws

 66-3-701 through 66-3-707

  50.00 

No license display

 66-5-16

  25.00 

Failure to change address or name on license

 66-5-22

  25.00 

Permitting unauthorized minor to drive

 66-5-40

  50.00 

Permitting unauthorized person to drive

 66-5-41

  25.00 

Failure to obey sign

 66-7-104

  25.00 

Failure to obey signal

 66-7-105

  25.00 

Pedestrian signs and signals

 66-7-106 through 66-7-108

  25.00 

Speeding

 66-7-301

 (1)

up to and including ten miles an hour over the speed limit

  25.00 

 (2)

from eleven up to and including fifteen miles an hour over the speed limit

  30.00 

 (3)

from sixteen up to and including twenty miles an hour over the speed limit

  65.00 

 (4)

from twenty-one up to and including twenty-five miles an hour over the speed limit

 100.00 

 (5)

from twenty-six up to and including thirty miles an hour over the speed limit

 125.00 

 (6)

from thirty-one up to and including thirty-five miles an hour over the speed limit

 150.00 

 (7)

more than thirty-five miles an hour over the speed limit

 200.00 

Unfastened safety belt

 66-7-372

  25.00 

Child not in restraint device or seat belt

 66-7-369

  25.00 

Minimum speed

 66-7-305

  25.00 

Speeding

 66-7-306

  25.00 

Improper starting

 66-7-324

  25.00 

Improper backing

 66-7-354

  25.00 

Improper lane

 66-7-308

  25.00 

Improper lane

 66-7-313

  25.00 

Improper lane

 66-7-316

  25.00 

Improper lane

 66-7-317

  25.00 

Improper lane

 66-7-319

  25.00 

Improper passing

66-7-309 through 66-7-312

  25.00 

Improper passing

 66-7-315

  25.00 

Controlled access violation

 66-7-320

  25.00 

Controlled access violation

 66-7-321

  25.00 

Improper turning

 66-7-322

  25.00 

Improper turning

 66-7-323

  25.00 

Improper turning

 66-7-325

  25.00 

Following too closely

 66-7-318

  25.00 

Failure to yield

66-7-328 through 66-7-331

  25.00 

Failure to yield

 66-7-332

  50.00 

Failure to yield

 66-7-332.1

  25.00 

Pedestrian violation

 66-7-333 through 66-7-340

  25.00 

Failure to stop

66-7-342 and 66-7-344 through 66-7-346

  25.00 

Railroad-highway grade crossing violation

66-7-341 and 66-7-343

 150.00 

Passing school bus

 66-7-347

100.00

Failure to signal

66-7-325 through 66-7-327

  25.00 

Riding on motorcycles

 66-7-355

 100.00 

Video screens in automobiles

 66-7-358

  25.00 

Driving on mountain highways

 66-7-359

  25.00 

Coasting prohibited

 66-7-360

  25.00 

Animals on highway at night

 66-7-363

  50.00 

Failure to secure load

 66-7-407

 100.00 

Operation without oversize-overweight permit

 66-7-413

  50.00 

Transport of reducible load with special permit more than six miles from a border crossing

 66-7-413

 100.00 

Driving while license administratively suspended

 66-5-39.2

  25.00 

Improper equipment

66-3-801 through 66-3-840 and 66-3-842 through 66-3-851

  50.00 

Improper equipment

 66-3-901

  50.00 

Improper emergency signal

66-3-853 through 66-3-857

  25.00 

Minor on motorcycle without helmet

 66-7-356

  300.00 

Operation interference

 66-7-357

  50.00 

Littering

 66-7-364

 300.00 

Improper parking

66-7-349 through 66-7-352 and 66-7-353

  25.00 

Improper parking

 66-3-852

  25.00 

Riding in or towing occupied house trailer

 66-7-366

  25.00 

Improper opening of doors

 66-7-367

  25.00 

No slow-moving vehicle emblem or flashing amber light

 66-3-887

  25.00 

Open container-first violation

 66-8-138

  25.00 

Texting while driving-

 (1)

first violation

 66-7-374

  25.00 

 (2)

second and subsequent violation

  50.00 

Using a handheld mobile communication device while driving a commercial motor vehicle

 66-7-375

 (1)

first violation

  25.00 

 (2)

second and subsequent violation

  50.00.

B. The term “penalty assessment misdemeanor” does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person.

C. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor and probation imposed upon a suspended or deferred sentence shall not exceed ninety days.

D. The penalty assessment for speeding in violation of Paragraph (5) of Subsection A of Section 66-7-301 NMSA 1978 is twice the penalty assessment established in Subsection A of this section for the equivalent miles per hour over the speed limit.

E. Upon a second conviction for operation without a permit for excessive size or weight pursuant to Section 66-7-413 NMSA 1978 , the penalty assessment shall be two hundred fifty dollars ($250).  Upon a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500).

F. Upon a second conviction for transport of a reducible load with a permit for excessive size or weight pursuant to Subsection N of Section 66-7-413 NMSA 1978 more than six miles from a port-of-entry facility on the border with Mexico, the penalty assessment shall be five hundred dollars ($500).  Upon a third or subsequent conviction, the penalty assessment shall be one thousand dollars ($1,000).


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