SENATE BILL 187
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Kent L. Cravens
AN ACT
RELATING TO DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; ELIMINATING OVERLAP BETWEEN LIMITED LICENSES AND IGNITION INTERLOCK LICENSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 66-5-29 NMSA 1978 (being Laws 1978, Chapter 35, Section 251, as amended) is amended to read:
"66-5-29. MANDATORY REVOCATION OF LICENSE BY DIVISION.--
A. The division shall immediately revoke the instruction permit, driver's license or provisional license of a driver upon receiving a record of the driver's adjudication as a delinquent for or conviction of any of the following offenses, whether the offense is under any state law or local ordinance, when the conviction or adjudication has become final:
(1) manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) any offense [rendering a person a "first offender" as defined in the Motor Vehicle Code, if that person does not attend a driver rehabilitation program] pursuant to [Subsection E of] Section 66-8-102 NMSA 1978;
[(3) any offense rendering a person a "subsequent offender" as defined in the Motor Vehicle Code;
(4)] (3) any felony in the commission of which a motor vehicle is used;
[(5)] (4) failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
[(6)] (5) perjury or the making of a false affidavit or statement under oath to the division under the Motor Vehicle Code or under any other law relating to the ownership or operation of motor vehicles; or
[(7)] (6) conviction or forfeiture of bail not vacated upon three charges of reckless driving committed within a period of twelve months.
B. Except as provided in the Ignition Interlock Licensing Act, a person whose license has been revoked under this section, except as provided in Subsection C, D or E of this section, shall not be entitled to apply for or receive a new license until [the expiration of one year from the date of the last application on which the revoked license was surrendered to and received by the division, if no appeal is filed, or] one year from the date that the revocation is final and he has exhausted his rights to an appeal.
C. A person who upon adjudication as a delinquent or conviction is subject to license revocation under this section for an offense pursuant to which he was also subject to license revocation pursuant to Section 66-8-111 NMSA 1978 shall have his license revoked for that offense for a combined period of time equal to one year.
D. Upon receipt of an order from a court pursuant to Section 32A-2-19 NMSA 1978 or Subsection G of Section 32A-2-22 NMSA 1978, the division shall revoke the driver's license or driving privileges for a period of time in accordance with these provisions.
E. Upon receipt from a district court of a record of conviction for the offense of shooting at or from a motor vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978 or of a conviction for a conspiracy or an attempt to commit that offense, the division shall revoke the driver's [licenses] license or driving privileges of the convicted person. A person whose license or privilege has been revoked pursuant to the provisions of this subsection shall not be entitled to apply for or receive any new license or privilege until the expiration of one year from the date of the last application on which the revoked license was surrendered to and received by the division, if no appeal is filed, or one year from the date that the revocation is final and the person has exhausted his rights to an appeal."
Section 2. Section 66-5-35 NMSA 1978 (being Laws 1978, Chapter 35, Section 257, as amended) is amended to read:
"66-5-35. LIMITED DRIVING PRIVILEGE UPON SUSPENSION OR REVOCATION--HEARING--REVIEW.--
A. Upon suspension or revocation of a person's driver's license following conviction or adjudication as a delinquent under any law, ordinance or rule relating to motor vehicles, a person may apply to the department for a license or permit to drive, limited to use allowing him to engage in gainful employment, to attend school or to attend a court-ordered treatment program, except that the person shall not be eligible to apply:
(1) for a limited commercial driver's license or an ignition interlock license in lieu of a revoked or suspended commercial driver's license;
(2) for a limited license when the person's driver's license was revoked pursuant to the provisions of the Implied Consent Act [except as provided in Subsection B of this section or the Ignition Interlock Licensing Act];
(3) for a limited license when the person's license was revoked pursuant to the provisions of Section 66-8-102 NMSA 1978 [except as provided in the Ignition Interlock Licensing Act;
(4) for a limited license when the person's driver's license is denied pursuant to the provisions of Subsection D of Section 66-5-5 NMSA 1978, except as provided in the Ignition Interlock Licensing Act]; or
[(5)] (4) for a limited license when the person's driver's license was revoked pursuant to a conviction for committing homicide by vehicle or great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978.
[B. A person whose driver's license is revoked for the first time pursuant to the provisions of Paragraph (1) or (2) of Subsection C of Section 66-8-111 NMSA 1978 may apply for and shall receive a limited license, permit or an ignition interlock license thirty days after suspension or revocation of his license if the person pays every fee, meets the criteria for limited driving privileges established in rules by the department and provides the department with documentation of the following:
(1) that the person is enrolled in a DWI school approved by the traffic safety bureau and an approved alcohol screening program; and
(2) proof of financial responsibility pursuant to the provisions of the Mandatory Financial Responsibility Act;
C.] B. Upon receipt of a fully completed application that complies with statutes and rules for a limited license or an ignition interlock license and payment of the fee specified in this subsection, the department shall issue a limited license, ignition interlock license or permit to the applicant showing the limitations specified in the approved application. For each limited license, ignition interlock license or permit to drive, the applicant shall pay to the department a fee of forty-five dollars ($45.00), which shall be transferred to the [state highway and] department of transportation [department]. All money collected under this subsection shall be used for DWI prevention and education programs for elementary and secondary school students. The [state highway and] department of transportation [department] shall coordinate with the department of health to ensure that there is no program duplication. The limited license or permit to drive may be suspended as provided in Section 66-5-30 NMSA 1978.
[D.] C. The department, within twenty days of denial of an application for a limited driver's license or permit pursuant to this section, shall afford the applicant a hearing in the county in which the applicant resides, unless the department and the licensee agree that the hearing may be held in some other county. The department may extend the twenty-day period, provided that the extension is in writing and made no later than fifteen days after receipt of an application. Upon hearing, the hearing officer designated by the department may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers. The hearing officer shall make specific findings as to whether the applicant has shown proof of financial responsibility for the future and enrollment in an approved DWI school and an approved alcohol screening program and meets established uniform criteria for limited driving privileges adopted by rule of the department. The hearing officer shall enter an order either approving or denying the applicant's request for a limited license or permit to drive. If any of the specific findings set forth in this subsection are not found by the hearing officer, the applicant's request for a limited license or permit shall not be approved.
[E.] D. A person adversely affected by an order of the hearing officer may seek review within thirty days in the district court in the county in which he resides. On review, it is for the court to determine only whether the applicant met the requirements in this section for issuance of a limited license or permit to drive."
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