Traffic Violations in New Mexico

A traffic violation is defined as a violation of any state law or local ordinance relating to the operation of a motor vehicle. In New Mexico, the provisions for road use are outlined in the state's traffic code. This code covers everything from right-of-way to required signals, speed limits, and more. The code is enforced by local police officers, state troopers, and other law enforcement officials, and motorists found guilty of a road traffic violation are prosecuted by New Mexico's courts.

Common traffic violations in New Mexico include:

• Speeding
• Running a red light or stop sign
• Making an illegal turn
• Failing to yield the right of way
• Driving without insurance
• Driving with a suspended or revoked license

Violations of the New Mexico traffic code can result in a range of penalties, depending on the severity of the offense. Motorists may only be issued a warning or citation for minor offenses, such as speeding or failure to signal. More serious crimes, like DUI or hit and run, can lead to arrest and significant fines. Records of New Mexico traffic offenses are typically included in the offender's New Mexico traffic record and available to the public unless restricted by a court order.

Types of Traffic Violations in New Mexico

In New Mexico, traffic violations are categorized into two: moving violations and non-moving violations.

Moving violations are any actions committed while the vehicle is in motion. These can include speeding, running a red light, or making an illegal turn. Non-moving violations do not involve the vehicle being in motion, such as parking in a handicap spot or expired registration.

Similarly, New Mexico traffic violations may be categorized as either major or minor. Major violations are more severe and result in steeper penalties, such as a fine or jail time. Minor traffic violations are less severe and typically only result in a small fine.

New Mexico traffic violations may also be classified as moving/minor, moving/major, or non-moving/minor. The penalties for each type of traffic violation will vary depending on the nature of the offense and the offender's driving record.

New Mexico traffic law also recognizes three different types of offenses; felonies, misdemeanors, and infractions.

New Mexico Traffic Violation Code

New Mexico's traffic code is designed to promote the safe and orderly flow of traffic on the state's roads and to protect pedestrians and other road users from the dangerous actions of careless or reckless drivers. The code is also meant to deter motorists from dangerous driving by imposing penalties on those who break its provisions.

New Mexico Felony Traffic Violations

New Mexico felony traffic offenses are the most severe traffic offense committed in the state. They are typically punishable by steep fines and prison sentences. Per New Mexico traffic statutes, felony traffic offenses are also punishable by revocating the offender's driver's license for an extended period. The specific penalties depend on the offense committed and the offense's circumstances. However, all felony traffic offenses are serious crimes that can impact the offender's life.

Felony traffic violations in New Mexico include:

• DUI resulting in death or serious injury
• Hit and run resulting in death or serious injury
• Vehicular homicide
• Driving on a suspended or revoked license with a prior conviction for the same offense
• Driving without insurance resulting in death or serious injury.

In some cases, misdemeanors may be charged as felonies if the offender has prior convictions. For example, a second DUI offense might be charged as a felony.

New Mexico Traffic Misdemeanors

Misdemeanor traffic offenses are the second most serious traffic offense committed in New Mexico. They are typically punishable by fines and, in some cases, jail time. Examples of misdemeanor traffic offenses include DUI, hit and run (where there is property damage), reckless driving, and driving on a suspended or revoked license. Per New Mexico traffic statutes, misdemeanor traffic offenses are also punishable by revocation of the offender's driver's license.

New Mexico Traffic Infractions

Per New Mexico Statutes (Title 66, Chapter 8, Article 3), infractions are the least severe type of traffic offense. They include violations such as failure to display a registration plate, speeding, and running a stop sign. The punishment for an infraction is generally fines, though probation may be imposed in some cases.

New Mexico Traffic Violation Codes and Fines

In New Mexico, there are a variety of traffic violations that drivers can be cited for. These violations range from minor infractions to more serious offenses. The following is a list of some common traffic violations in New Mexico, their corresponding codes in the state's traffic statutes, and the respective fines for each offense:

1. Speeding: NMSA Section 66-7-301 (A) ($50-$200)
2. Running a red light: NMSA 1978, Section 66-7-301 (C) ($75)
3. Failure to yield: NMSA 1978, Section 66-7-302 ($25-$100)
4. Failure to stop at a stop sign: NMSA 1978, Section 66-7-303 ($25-$100)
5. Driving without a license: NMSA 1978, Section 66-5-301 (A) ($50-$200)
6. Driving with a suspended or revoked license: NMSA 1978, Section 66-5-301 (B) ($500-$1,000)
7. DUI/DWI: NMSA 1978, Section 66-8-102 ($500-$1,000)
8. Hit and run: NMSA 1978, Section 66-7-401($500-$2,000)
9. Reckless driving: NMSA 1978, Section 66-8-113 ($25-$300)
10. Texting while driving: NMSA 1978, Section 66-7-372 ($25)

How to Pay a Traffic Violation Ticket in New Mexico

There are several ways motorists can pay for their traffic tickets in New Mexico. They may pay them online, by mail, or in person.

To pay a ticket online, visit the court's website that issued the ticket. Once there, enter your payment information and submit the payment.

Alternatively, offenders may pay to the state option for paying New Mexico traffic tickets; the New Mexico Courts EPay system.

Offenders who opt to pay a ticket via mail will need to send their payment to the court that issued their ticket. Requestors must include their citation number and/or case number on their check or money order and make their payment payable to the "Clerk of Court". Ticket payments may also be made to the New Mexico Supreme Court by calling (505) 827-4800 or sending a mail to:

Clerk of the New Mexico Supreme Court
P.O. Box 848
Santa Fe, NM 87504-0848

If the offender opts to pay their traffic ticket in person, they can do so at the court that issued their ticket during regular business hours. They will need to bring their citation or case number and payment in the form of cash, check, or money order.

Offenders who do not pay for their traffic tickets or appear in court may be subject to additional penalties. These can include late fees, collections, and even license suspension.

Traffic Violation Lookup in New Mexico

In New Mexico, traffic violations are public records, so they are accessible to interested members of the public.

Traffic violation records are typically maintained by the New Mexico Department of Motor Vehicles (DMV). However, some counties and cities also maintain their records.

To look up a New Mexico traffic violation online, visit the website of the New Mexico DMV.

Inquirers will need to enter the driver's license number and the last four digits of the Social Security number of the record owner. Upon entering this information, the website will provide a list of traffic violations for the information provided.

Inquirers who do not have the driver's license number or Social Security number can still look up traffic violations in New Mexico, but it may take additional effort. They can start by contacting the court clerk in the county where the violation occurred. The clerk of court should be able to provide a list of traffic violations for the person of interest.

There may be a fee to access traffic violation records. However, the New Mexico DMV offers free online resources for looking up traffic violations.

How to Plead not Guilty to a Traffic Violation in New Mexico

If a motorist in New Mexico receives a traffic citation, they have the option to plead not guilty to the charges. Pleading not guilty means that the motorist does not admit any wrongdoing and would like to have their case heard before a judge.

There are a few implications of pleading not guilty that motorists should be aware of:

• If a motorist pleads not guilty, they will have to appear in court on the date and time listed on their citation. If the motorist does not show up to court, they may be found guilty in absentia, and a warrant may be issued for their arrest. The motorist will also be responsible for any court fees associated with their case.
• When pleading not guilty, the motorist has the burden of proving that they did not commit the traffic violation. This can be done by presenting evidence or testifying on their own behalf. The motorist may also choose to have an attorney represent them in court.
• If the motorist is found guilty of the traffic violation, they may be subject to penalties such as fines, points on their license, or license suspension. The motorist may also be required to attend traffic school or have an ignition interlock device installed on their vehicle.

To plead guilty to a traffic violation in New Mexico, the offending party must complete and sign the back of their citation. They must then mail or bring the citation and any required fees to the court listed on the citation. The motorist will be notified of their conviction by mail. Mail-in guilty pleas in New Mexico should be addressed to:

New Mexico Magistrate Court
P.O. Box 488
Bernalillo, NM 87004-0488

What Happens if You Plead No Contest to a Traffic Violation in New Mexico?

In New Mexico, traffic offenders can plead no contest to their charges. A no-contest plea has the same legal effect as a guilty plea, but it cannot be used against the offender in civil court. This means that if the victim of the crime sues the offender, they can still deny their guilt.

If an offender pleads no contest to a traffic violation, they will likely be found guilty by the court. The offender will then be subject to the penalties associated with the traffic violation, including a fine, points on their driver's license, and suspension of their license.

Pleading no contest to a traffic violation may be a good option for offenders who do not want to admit to their guilt but who also do not want to go to trial. This option can also be a good option for offenders who are unsure if they can win at trial.

How Long Do Traffic Violations Stay on Your Record in New Mexico?

Different types of violations will remain on a motorist's record for various lengths of time. For example, a speeding ticket will typically remain on a record for three years, while a DUI will stay on the record for much longer. Additionally, the severity of the violation will also play a role in how long it stays on the record. Severe offenses like DUIs will remain on the offender's record for a longer period than a less severe offense like a speeding ticket.

Additionally, it is essential to note that traffic violations can significantly impact the offender's insurance rates. So, even if a violation is no longer appearing on the driving record, it could still be impacting their insurance rates. If a motorist is looking to get a traffic violation removed from their record sooner, they can take a defensive driving course, which can help remove the offense from their record. Additionally, offenders can always contact the court to see if there are any options available to remove the violation from their record.

Can Traffic Violations Be Expunged or Sealed in New Mexico?

Yes, traffic violations can be expunged or sealed in New Mexico. The process for petitioning to have a traffic violation expunged is outlined in the New Mexico Statutes Annotated, section 31-20A-1.

A motorist can petition to have a traffic violation expunged in New Mexico if they satisfy the state's eligibility requirements:

• The traffic violation did not result in a fatality
• The traffic violation did not involve drugs or alcohol
• The traffic violation did not involve leaving the scene of an accident
• The traffic violator has not been convicted of any other traffic violations within the past year
• The motorist has completed all court-ordered punishments for the traffic violation

If the motorist meets all of the eligibility requirements, they can file a petition with the court that originally handled their traffic violation. The petition must include a certified copy of the motorist's driving record and a $25 filing fee. Once the petition is filed, a hearing will be scheduled.

At the expungement hearing, the court will decide whether or not to grant the petition to expunge the traffic violation. If the petition is granted, the traffic violation will be sealed and not appear on the motorist's driving record.

While selected traffic violations cannot be sealed or expunged, the offending motorists can petition the court to have the traffic violation record removed from public view per the provisions of New Mexico Statutes Annotated, section 38-5-31.

What Happens if You Miss a Court Date for a Traffic Violation in New Mexico?

If a motorist misses their court date for a traffic violation in New Mexico, they may be subject to several penalties. These can include having their license suspended, being placed on probation, or even being jailed. The court may also order the offender to complete a defensive driving course. Motorists who are likely to miss their court date should contact the court as soon as possible to reschedule. Failing to appear in court can result in a warrant being issued for the offender's arrest.