46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO MOTOR VEHICLE CRIMES; EXPANDING THE OFFENSES CONSIDERED TO BE RECKLESS DRIVING; AMENDING A SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. 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] A person who drives [any] a 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. A person who operates a vehicle in a careless, inattentive or imprudent manner as set forth in Section 66-8-114 NMSA 1978 that results in the death or bodily injury of another person is guilty of reckless driving.

[B.] C. 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] or more than one hundred dollars ($100), 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] or more than one thousand dollars ($1,000), or both.

[C.] D. 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 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.