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, “penalty assessment misdemeanor” means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D and E of this section, the listed penalty assessment is established:

COMMON NAME OF OFFENSE

SECTION VIOLATED

PENALTY
ASSESSMENT

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

  20.00

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

  10.00

Failure to obey signal

  66-7-105

  10.00

Speeding

  66-7-301

(1)

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

  15.00

(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

  10.00

Speeding

  66-7-306

  15.00

Improper starting

  66-7-324

  10.00

Improper backing

  66-7-354

  10.00

Improper lane

  66-7-308

  10.00

Improper lane

  66-7-313

  10.00

Improper lane

  66-7-316

  10.00

Improper lane

  66-7-317

  10.00

Improper lane

  66-7-319

  10.00

Improper passing

  66-7-309 through 66-7-312

  10.00

Improper passing

  66-7-315

  10.00

Controlled access violation

  66-7-320

  10.00

Controlled access violation

  66-7-321

  10.00

Improper turning

  66-7-322

  10.00

Improper turning

  66-7-323

  10.00

Improper turning

  66-7-325

  10.00

Following too closely

  66-7-318

  10.00

Failure to yield

  66-7-328 through 66-7-331

  10.00

Failure to yield

  66-7-332

  50.00

Failure to yield

  66-7-332.1

  25.00

Pedestrian violation

  66-7-333

  10.00

Pedestrian violation

  66-7-340

  10.00

Failure to stop

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

  10.00

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

  10.00

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

Improper equipment

  66-3-801 through 66-3-851

  25.00

Improper equipment

  66-3-901

  20.00

Improper emergency signal

  66-3-853 through 66-3-857

  10.00

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

   5.00

Improper parking

  66-3-852

   5.00

Failure to dim lights

  66-3-831

  10.00

Riding in or towing occupied house trailer

  66-7-366

   5.00

Improper opening of doors

  66-7-367

   5.00

No slow-moving vehicle emblem or flashing amber light

  66-3-887

   5.00

Open container--first violation

  66-8-138

  25.00

Texting while driving--first violation

  66-7-374

  25.00

Texting while driving--subsequent violation

  66-7-374

  50.00

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

  Section 1 of this 2016 act

  25.00

Using a handheld mobile communication device while driving a commercial motor vehicle--subsequent violation

  Section 1 of this 2016 act

  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 (4) 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).


FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.