SENATE BILL 265
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
George K. Muñoz
AN ACT
RELATING TO MOTOR VEHICLES; INCREASING THE PENALTY ASSESSMENT FOR CERTAIN MISDEMEANOR VIOLATIONS OF THE MOTOR VEHICLE CODE AND THE BOAT ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-8-7 NMSA 1978 (being Laws 1978, Chapter 35, Section 505, as amended) is amended to read:
"66-8-7. PENALTY FOR MISDEMEANOR.--
A. It is a misdemeanor for any person to violate any provision of the Motor Vehicle Code 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)] less than one hundred dollars ($100) and not more than five hundred dollars ($500) or by imprisonment for not more than ninety days or both."
SECTION 2. Section 66-8-113 NMSA 1978 (being Laws 1978, Chapter 35, Section 521, as amended) is amended to read:
"66-8-113. RECKLESS DRIVING.--
A. Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving.
B. Every person convicted of reckless driving shall be punished [notwithstanding the provisions of Section 31-18-13 NMSA 1978] upon a first conviction by imprisonment for not less than five days [nor] or more than ninety days or by a fine of not less than [twenty-five dollars ($25.00) nor] five hundred dollars ($500) or more than [one hundred dollars ($100)] seven hundred fifty dollars ($750), or both and on a second or subsequent conviction by imprisonment for not less than ten days [nor] or more than six months or by a fine of not less than [fifty dollars ($50.00) nor] seven hundred fifty dollars ($750) or more than one thousand dollars ($1,000), or both.
C. Upon conviction of violation of this section, the director may suspend the license or permit to drive and any nonresident operating privilege for not to exceed ninety days."
SECTION 3. Section 66-8-114 NMSA 1978 (being Laws 1969, Chapter 169, Section 12) is amended to read:
"66-8-114. CARELESS DRIVING.--
A. Any person operating a vehicle on the highway shall give [his] the person's full time and entire attention to the operation of the vehicle.
B. Any person who operates a vehicle in a careless, inattentive or imprudent manner without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of [a misdemeanor] careless driving.
C. Every person convicted of careless driving shall be punished upon a first conviction by imprisonment of not more than ninety days or by a fine of not less than two hundred fifty dollars ($250) or more than five hundred dollars ($500), or both and on a second or subsequent conviction by imprisonment of not more than six months or by a fine of not less than five hundred dollars ($500) or more than seven hundred fifty dollars ($750), or both."
SECTION 4. Section 66-8-116 NMSA 1978 (being Laws 1978, Chapter 35, Section 524, as amended) is amended to read:
"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] 125.00
Improper display of
registration plate 66-3-18 [25.00] 100.00
Failure to notify of
change of name or address 66-3-23 [25.00] 100.00
Lost or damaged registration,
plate or title 66-3-24 [25.00] 100.00
Horseless carriage
registration 66-3-27 [25.00] 100.00
Transfer of registration
and title 66-3-103 [25.00] 100.00
Expiration of dealer
plates 66-3-403 [25.00] 100.00
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] 150.00
Bicycle laws 66-3-701
through
66-3-707 [50.00] 125.00
No license display 66-5-16 [25.00] 100.00
Failure to change
address or name on
license 66-5-22 [25.00] 100.00
Permitting unauthorized
minor to drive 66-5-40 [50.00] 125.00
Permitting unauthorized
person to drive 66-5-41 [25.00] 100.00
Failure to obey sign 66-7-104 [25.00] 100.00
Failure to obey signal 66-7-105 [25.00] 100.00
Pedestrian signs and
signals 66-7-106
through
66-7-108 [25.00] 100.00
Speeding 66-7-301
(1) up to and including
ten miles an hour
over the speed limit [25.00] 100.00
(2) from eleven up to
and including fifteen
miles an hour
over the speed limit [30.00] 105.00
(3) from sixteen up to
and including twenty
miles an hour over the
speed limit [65.00] 140.00
(4) from twenty-one up to
and including twenty-five
miles an hour
over the speed limit [100.00] 175.00
(5) from twenty-six up to
and including thirty
miles an hour over the
speed limit [125.00] 200.00
(6) from thirty-one up to
and including thirty-five
miles an hour over the
speed limit [150.00] 225.00
(7) more than thirty-five
miles an hour over the
speed limit [200.00] 275.00
Unfastened safety belt 66-7-372 [25.00] 100.00
Child not in restraint device
or seat belt 66-7-369 [25.00] 100.00
Minimum speed 66-7-305 [25.00] 100.00
Speeding 66-7-306 [25.00] 100.00
Improper starting 66-7-324 [25.00] 100.00
Improper backing 66-7-354 [25.00] 100.00
Improper lane 66-7-308 [25.00] 100.00
Improper lane 66-7-313 [25.00] 100.00
Improper lane 66-7-316 [25.00] 100.00
Improper lane 66-7-317 [25.00] 100.00
Improper lane 66-7-319 [25.00] 100.00
Improper passing 66-7-309
through
66-7-312 [25.00] 100.00
Improper passing 66-7-315 [25.00] 100.00
Controlled access
violation 66-7-320 [25.00] 100.00
Controlled access
violation 66-7-321 [25.00] 100.00
Improper turning 66-7-322 [25.00] 100.00
Improper turning 66-7-323 [25.00] 100.00
Improper turning 66-7-325 [25.00] 100.00
Following too closely 66-7-318 [25.00] 100.00
Failure to yield 66-7-328
through
66-7-331 [25.00] 100.00
Failure to yield 66-7-332 [50.00] 125.00
Failure to yield 66-7-332.1 [25.00] 100.00
Pedestrian violation 66-7-333
through
66-7-340 [25.00] 100.00
Failure to stop 66-7-342
and 66-7-344
through
66-7-346 [25.00] 100.00
Railroad-highway grade
crossing violation 66-7-341
and 66-7-343 [150.00] 225.00
Passing school bus 66-7-347 [100.00] 175.00
Failure to signal 66-7-325
through
66-7-327 [25.00] 100.00
Riding on motorcycles 66-7-355 [100.00] 175.00
Video screens in
automobiles 66-7-358 [25.00] 100.00
Driving on mountain
highways 66-7-359 [25.00] 100.00
Coasting prohibited 66-7-360 [25.00] 100.00
Animals on highway at
night 66-7-363 [50.00] 125.00
Failure to secure load 66-7-407 [100.00] 175.00
Operation without oversize-
overweight permit 66-7-413 [50.00] 250.00
Transport of reducible
load with special
permit more than six miles
from a border crossing 66-7-413 [100.00] 250.00
Driving while license
administratively
suspended 66-5-39.2 [25.00] 100.00
Improper equipment 66-3-801
through
66-3-840
and 66-3-842
through
66-3-851 [50.00] 125.00
Improper equipment 66-3-901 [50.00] 125.00
Improper emergency
signal 66-3-853
through
66-3-857 [25.00] 100.00
Minor on motorcycle
without helmet 66-7-356 [300.00] 375.00
Operation interference 66-7-357 [50.00] 125.00
Littering 66-7-364 [300.00] 375.00
Improper parking 66-7-349
through
66-7-352
and 66-7-353 [25.00] 100.00
Improper parking 66-3-852 [25.00] 100.00
Riding in or towing
occupied house trailer 66-7-366 [25.00] 100.00
Improper opening of doors 66-7-367 [25.00] 100.00
No slow-moving vehicle
emblem or flashing
amber light 66-3-887 [25.00] 100.00
Open container-first
violation 66-8-138 [25.00] 300.00
Texting while driving-
(1) first violation 66-7-374 [25.00] 100.00
(2) second and subsequent
violation [50.00] 125.00
Using a handheld mobile
communication device
while driving a
commercial motor vehicle 66-7-375
(1) first violation [25.00] 250.00
(2) second and subsequent
violation [50.00] 300.00
Improper use of travel lane 66-7-376 [250.00] 325.00.
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)] three hundred twenty-five dollars ($325). Upon a third or subsequent conviction, the penalty assessment shall be [five hundred dollars ($500)] five hundred seventy-five dollars ($575).
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)] five hundred seventy-five dollars ($575). Upon a third or subsequent conviction, the penalty assessment shall be [one thousand dollars ($1,000)] one thousand seventy-five dollars ($1,075)."
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