N.M. Stat. § 66-8-116 — NM Code / Chapter 66 / Article 8 / Section 66-8-116
§ 66-8-116. Penalty assessment misdemeanors; definition; schedule of assessments
Status: in_force

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

Improper display of registration plate

66-3-18

25.00

Failure to notify of change of name or address

66-3-23

25.00

Lost or damaged registration, plate or title

66-3-24

25.00

Horseless carriage registration

66-3-27

25.00

Transfer of registration and title

66-3-103

25.00

Expiration of dealer plates

66-3-403

25.00

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

Bicycle laws

66-3-701 through 66-3-707

50.00

No license display

66-5-16

25.00

Failure to change address or name on license

66-5-22

25.00

Permitting unauthorized minor to drive

66-5-40

50.00

Permitting unauthorized person to drive

66-5-41

25.00

Failure to obey sign

66-7-104

25.00

Failure to obey signal

66-7-105

25.00

Pedestrian signs and signals

66-7-106 through 66-7-108

25.00

Speeding

66-7-301

(1) up to and including ten miles an hour over the speed limit

25.00

(2) from eleven up to and including fifteen miles an hour over the speed limit

30.00

(3) from sixteen up to and including twenty miles an hour over the speed limit

65.00

(4) from twenty-one up to and including twenty-five miles an hour over the speed limit

100.00

(5) from twenty-six up to and including thirty miles an hour over the speed limit

125.00

(6) from thirty-one up to and including thirty-five miles an hour over the speed limit

150.00

(7) more than thirty-five miles an hour over the speed limit

200.00

Unfastened safety belt

66-7-372

25.00

Child not in restraint device or seat belt

66-7-369

25.00

Minimum speed

66-7-305

25.00

Speeding

66-7-306

25.00

Improper starting

66-7-324

25.00

Improper backing

66-7-354

25.00

Improper lane

66-7-308

25.00

Improper lane

66-7-313

25.00

Improper lane

66-7-316

25.00

Improper lane

66-7-317

25.00

Improper lane

66-7-319

25.00

Improper passing

66-7-309 through 66-7-312

25.00

Improper passing

66-7-315

25.00

Controlled access violation

66-7-320

25.00

Controlled access violation

66-7-321

25.00

Improper turning

66-7-322

25.00

Improper turning

66-7-323

25.00

Improper turning

66-7-325

25.00

Following too closely

66-7-318

25.00

Failure to yield

66-7-328 through 66-7-331

25.00

Failure to yield

66-7-332

50.00

Failure to yield

66-7-332.1

25.00

Pedestrian violation

66-7-333 through 66-7-340

25.00

Failure to stop

66-7-342 and 66-7-344 through 66-7-346

25.00

Railroad-highway grade crossing violation

66-7-341 and 66-7-343

150.00

Passing school bus

66-7-347

100.00

Failure to signal

66-7-325 through 66-7-327

25.00

Riding on motorcycles

66-7-355

100.00

Video screens in automobiles

66-7-358

25.00

Driving on mountain highways

66-7-359

25.00

Coasting prohibited

66-7-360

25.00

Animals on highway at night

66-7-363

50.00

Failure to secure load

66-7-407

100.00

Operation without oversize-overweight permit

66-7-413

50.00

Transport of reducible load with special permit more than six miles from a border crossing

66-7-413

100.00

Driving while license administratively suspended

66-5-39.2

25.00

Improper equipment

66-3-801 through 66-3-840 and 66-3-842 through 66-3-851

50.00

Improper equipment

66-3-901

50.00

Improper emergency signal

66-3-853 through 66-3-857

25.00

Minor on motorcycle without helmet

66-7-356

300.00

Operation interference

66-7-357

50.00

Littering

66-7-364

300.00

Improper parking

66-7-349 through 66-7-352 and 66-7-353

25.00

Improper parking

66-3-852

25.00

Riding in or towing occupied house trailer

66-7-366

25.00

Improper opening of doors

66-7-367

25.00

No slow-moving vehicle emblem or flashing amber light

66-3-887

25.00

Open container-first violation

66-8-138

25.00

Texting while driving-

(1) first violation

66-7-374

25.00

(2) second and subsequent violation

50.00

Using a handheld mobile communication device while driving a commercial motor vehicle

66-7-375

(1) first violation

25.00

(2) second and subsequent violation

50.00

Improper use of travel lane

66-7-376

250.00.

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). Upon a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500).

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). Upon a third or subsequent conviction, the penalty assessment shall be one thousand dollars ($1,000).