SENATE BILL 329
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Phil A. Griego
AN ACT
RELATING TO MOTOR VEHICLES; CREATING THE CRIME OF INTENTIONAL FAILURE TO PAY FOR FUEL; PROVIDING PENALTIES; AMENDING AND ENACTING SECTIONS OF THE MOTOR VEHICLE CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 66-5-30 NMSA 1978 (being Laws 1978, Chapter 35, Section 252, as amended) is amended to read:
"66-5-30. AUTHORITY OF DIVISION TO SUSPEND OR REVOKE LICENSE.--
A. The division is authorized to suspend the instruction permit, driver's license or provisional license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978, that the licensee:
(1) has been convicted of an offense for which mandatory revocation of license is required upon conviction;
(2) has been convicted as a driver in an accident resulting in the death or personal injury of another or serious property damage;
(3) has been convicted with such frequency of offenses against traffic laws or rules governing motor vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
(4) is an habitually reckless or negligent driver of a motor vehicle;
(5) is incompetent to drive a motor vehicle;
(6) has permitted an unlawful or fraudulent use of the license;
(7) has been convicted of an offense in another state or tribal jurisdiction that if committed within this state's jurisdiction would be grounds for suspension or revocation of the license;
(8) has violated provisions stipulated by a district court in limitation of certain driving privileges;
(9) has failed to fulfill a signed promise to appear or notice to appear in court as evidenced by notice from a state court or tribal court, whenever appearance is required by law or by the court as a consequence of a charge or conviction under the Motor Vehicle Code or pursuant to the laws of the tribe;
(10) has failed to pay a penalty assessment within thirty days of the date of issuance by the state or a tribe; [or]
(11) has accumulated seven points, but less than eleven points, and when the division has received a recommendation from a municipal or magistrate judge that the license be suspended for a period not to exceed three months; or
(12) has been convicted of intentional failure to pay for fuel pursuant to Section 66-8-121.1 NMSA 1978.
B. Upon suspending the license of a person as authorized in this section, the division shall immediately notify the licensee in writing and upon his request shall afford him an opportunity for a hearing as early as practicable within not to exceed twenty days, not counting Saturdays, Sundays and legal holidays, after receipt of the request in the county wherein the licensee resides unless the division and the licensee agree that the hearing may be held in some other county; provided that the hearing request is received within twenty days from the date that the suspension was deposited in the United States mail. The director may, in his discretion, extend the twenty-day period. Upon the hearing, the director or his duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon the hearing, the division shall either rescind its order of suspension or, good cause appearing therefor, may continue, modify or extend the suspension of the license or revoke the license."
Section 2. A new section of the Motor Vehicle Code, Section 66-8-121.1 NMSA 1978, is enacted to read:
"66-8-121.1. [NEW MATERIAL] INTENTIONAL FAILURE TO PAY FOR FUEL--PENALTIES--SUSPENSION OF DRIVING PRIVILEGE.--
A. Intentional failure to pay for fuel consists of a person dispensing fuel into the tank of a motor vehicle and intentionally failing to pay for the fuel.
B. Whoever commits intentional failure to pay for fuel is guilty of a misdemeanor and when convicted shall be sentenced pursuant to Section 31-19-1 NMSA 1978.
C. In addition to criminal penalties, upon a first conviction of intentional failure to pay for fuel the director shall suspend the license or permit to drive or any nonresident's operating privilege for a period of up to six months. Upon a second or subsequent conviction of intentional failure to pay for fuel, the director shall suspend the license or permit to drive or any nonresident's operating privilege for a period of up to one year."
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