reglab/housing_qa huggingface dataset:
NM Stat § 66-8-101.1 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-101.1 - Injury to pregnant woman by vehicle.

A. Injury to pregnant woman by vehicle is injury to a pregnant woman by a person other than the woman in the unlawful operation of a motor vehicle causing her to suffer a miscarriage or stillbirth as a result of that injury. B. As used in this section: (1) "miscarriage" means the interruption of the normal development of the fetus, other than by a live birth and which is not an induced abortion, resulting in the complete expulsion or extraction from a pregnant woman of a product of human conception; and (2) "stillbirth" means the death of a fetus prior to the complete expulsion or extraction from its mother, irrespective of the duration of pregnancy and which is not an induced abortion; and death is manifested by the fact that after the expulsion or extraction the fetus does not breathe spontaneously or show any other evidence of life such as heartbeat, pulsation of the umbilical cord or definite movement of voluntary muscles. C. Any person who commits injury to pregnant woman by vehicle while under the influence of intoxicating liquor or while under the influence of any drug or while violating Section 66-8-113 NMSA 1978 is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978, provided that violation of speeding laws as set forth in the Motor Vehicle Code [66-1-1 NMSA 1978] shall not per se be a basis for violation of Section 66-8-113 NMSA 1978. History: Laws 1985, ch. 239, § 2. ANNOTATIONSCross references. — For injury to pregnant woman, see 30-3-7 NMSA 1978. No merger with offense of vehicular homicide. — The offense of vehicular homicide does not merge with the offense of injury to a pregnant woman because the two statutory offenses require proof of different facts. State v. Begay, 1987-NMCA-025, 105 N.M. 498, 734 P.2d 278.
NM Stat § 66-8-102.1 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-102.1 - Guilty pleas; limitations.

Where the complaint or information alleges a violation of Section 66-8-102 NMSA 1978, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to the violation of one of the subsections of Section 66-8-102 NMSA 1978, and no other disposition by plea of guilty to any other charge in satisfaction of the charge shall be authorized if the results of a test performed pursuant to the Implied Consent Act [66-8-105 to 66-8-112 NMSA 1978] disclose that the blood or breath of the person charged contains an alcohol concentration of: A. eight one hundredths or more; or B. four one hundredths or more if the person charged is driving a commercial motor vehicle. History: Laws 1982, ch. 102, § 2; 1984, ch. 72, § 4; 1993, ch. 66, § 8; 2003, ch. 51, § 11; 2003, ch. 90, § 4. ANNOTATIONSThe 2003 amendment, effective March 28, 2003, added the Subsection A designation and added Subsection B. Duplicate amendments. — Laws 2003, ch. 51, § 11 and Laws 2003, ch. 90, § 4 enacted identical amendments to 66-8-102.1 NMSA 1978. The section is set out as amended by Laws 2003, ch. 90, § 4. See 12-1-8 NMSA 1978. The 1993 amendment, effective January 1, 1994, substituted "shall include" for "must include" near the beginning, inserted "or breath" following "blood", substituted the language beginning "an alcohol concentration" for "at least ten one hundredths of one percent by weight of alcohol" at the end, and made a minor stylistic change.
NM Stat § 66-8-102.2 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-102.2 - Municipal and county ordinances; unlawful alcohol concentration level for driving while under the influence of intoxicating liquor or drugs.

No municipal or county ordinance prohibiting driving while under the influence of intoxicating liquor or drugs shall be enacted that provides for an unlawful alcohol concentration level that is different than the alcohol concentration levels provided in Subsections C and D of Section 66-8-102 NMSA 1978. History: Laws 1993, ch. 66, § 16.
NM Stat § 66-8-102.4 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-102.4 - Uniform police reports and procedures for DWI arrests.

A. The department of public safety, in collaboration with the motor vehicle division of the taxation and revenue department and the traffic safety bureau of the department of transportation, shall develop and periodically review and update standard arrest reports and procedures to be used by law enforcement officers when making an arrest for a violation of the provisions of Section 66-8-102 NMSA 1978 or similar municipal or county ordinances. B. A law enforcement officer making an arrest for a violation of the provisions of Section 66-8-102 NMSA 1978 or of similar municipal or county ordinances shall use the standard arrest reports and procedures developed and approved by the department of public safety in accordance with the provisions of Subsection A of this section. History: Laws 2005, ch. 269, § 8. ANNOTATIONSEffective dates. — Laws 2005, ch. 269 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 66-8-102.5 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-102.5 - Driving while intoxicated with a minor in the vehicle; penalty.

A. Driving while intoxicated with a minor in the vehicle consists of a person committing a violation of Section 66-8-102 NMSA 1978 when a minor is in the vehicle and when the minor does not suffer great bodily harm or death. Whoever commits driving while intoxicated with a minor in the vehicle is guilty of a misdemeanor.B. A charge for a violation of Subsection A of this section shall be in addition to a charge for the violation of Section 66-8-102 NMSA 1978 and shall be punished as a separate offense.C. As used in this section, "minor" means an individual who is younger than thirteen years of age.History: Laws 2019, ch. 79, § 1. ANNOTATIONSEffective dates. — Laws 2019, ch. 79, § 2 made Laws 2019, ch. 79, § 1 effective July 1, 2019.
NM Stat § 66-8-104 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-104 - Blood-alcohol tests; police, judicial or probation officer unauthorized to make arrest or direct test except in performance of official duties authorized by law.

Nothing in Sections 66-8-103 or 66-8-104 NMSA 1978 is intended to authorize any police officer, or any judicial or probation officer, to make any arrest or to direct the performance of a blood-alcohol test, except in the performance of his official duties and as otherwise authorized by law. History: 1953 Comp., § 64-8-104, enacted by Laws 1978, ch. 35, § 512. ANNOTATIONSCross references. — For promulgation and approval of methods to test persons operating motor vehicle under influence of drugs or alcohol, see 24-1-22 NMSA 1978.
NM Stat § 66-8-106 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-106 - Repealed.

ANNOTATIONSRepeals. — Laws 1990, ch. 120, § 45 repealed 66-8-106 NMSA 1978, as enacted by Laws 1978, ch. 35, § 514, relating to definition of "director", effective July 1, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 66-1-4.4 NMSA 1978.
NM Stat § 66-8-108 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-108 - Consent of person incapable of refusal not withdrawn.

Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by Section 66-8-107 NMSA 1978, and the test or tests designated by the law enforcement officer may be administered. History: 1953 Comp., § 64-8-108, enacted by Laws 1978, ch. 35, § 516. ANNOTATIONSThis section does not deny equal protection of the law, although it classifies certain persons on the basis of their condition, the classification has a rational basis and is not discriminatory. State v. Trujillo, 1973-NMCA-076, 85 N.M. 208, 510 P.2d 1079. Testing of unconscious person. — The Implied Consent Act does not require a formal arrest of an unconscious person before the administration of a blood-alcohol test. State v. Wyrostek, 1988-NMCA-107, 108 N.M. 140, 767 P.2d 379, cert. denied, 108 N.M. 115, 767 P.2d 354.
NM Stat § 66-8-116.1 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-116.1 - Penalty assessment misdemeanors; oversize load.

As used in the Motor Vehicle Code [66-1-1 NMSA 1978] and the Motor Carrier Act [65-2A-1 to 65-2A-41 NMSA 1978], "penalty assessment misdemeanor" means, in addition to the definition of that term in Section 66-8-116 NMSA 1978, violation of the following listed sections of the NMSA 1978 for which the listed penalty is established: || COMMON NAME OF OFFENSE    SECTION VIOLATED    PENALTY ASSESSMENT   || Oversize load 1,000     ||  to 3,000 pounds    66-7-411    $ 50.00   || Oversize load 3,001     ||  to 4,000 pounds    66-7-411    80.00   || Oversize load 4,001     ||  to 5,000 pounds    66-7-411    150.00   || Oversize load 5,001     ||  to 6,000 pounds    66-7-411    250.00   || Oversize load 6,001     ||  to 7,000 pounds    66-7-411    400.00   || Oversize load 7,001     ||  to 8,000 pounds    66-7-411    550.00   || Oversize load 8,001     ||  to 9,000 pounds    66-7-411    700.00   || Oversize load 9,001     ||  to 10,000 pounds    66-7-411    850.00   || Oversize load over     ||  10,000 pounds    66-7-411    1,000.00.   |History: Laws 1989, ch. 319, § 12; 2007, ch. 209, § 13. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, doubled the penalty assessments.
NM Stat § 66-8-117 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-117 - Penalty assessment misdemeanors; option; effect.

A. Unless a warning notice is given, at the time of making an arrest for any penalty assessment misdemeanor the arresting officer shall offer the alleged violator the option of accepting a penalty assessment. The violator's signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice. B. Except for penalty assessments made under a municipal program authorized by Section 66-8-130 NMSA 1978, payment of any penalty assessment must be made by mail to the division within thirty days from the date of arrest. Payments of penalty assessments are timely if postmarked within thirty days from the date of arrest. The division may issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient receipt. C. No record of any penalty assessment payment is admissible as evidence in any court in any civil action. History: 1953 Comp., § 64-8-117, enacted by Laws 1978, ch. 35, § 525; 1981, ch. 360, § 9; 1990, ch. 120, § 38. ANNOTATIONSThe 1990 amendment, effective July 1, 1990, in Subsection B, rewrote the first sentence which read "Payment of any penalty assessment must be made by mail to the motor vehicle division, Santa Fe, within thirty days from the date of arrest" and deleted "motor vehicle" preceding "division" in the third sentence. Choice of persons arrested. — New Mexico law provides that, with certain exceptions, for more serious offenses, persons arrested for motor vehicle violations who are not given warning notices are to be given the choice of appearing in court upon their promise to appear, as evidenced by signing the notice to appear section of a uniform traffic citation, or paying the penalty assessment, as evidenced by signing an agreement to pay the assessment on the uniform traffic citation. Vigil v. N.M. Motor Vehicle Div., 2005-NMCA-057, 137 N.M. 438, 112 P.3d 299. Advice of police officers. — Police officers are not required to advise drivers arrested for motor vehicle violations of all the possibilities that could happen if one went to court. Vigil v. N.M. Motor Vehicle Div., 2005-NMCA-057, 137 N.M. 438, 112 P.3d 299. Motorist enters into legal obligation with state upon acceptance. — When a motorist charged with the violation of one of the enumerated traffic regulations accepts penalty assessment, he enters into a legal obligation with the state, which is bound by unambiguous terms concerning time, place and form of discharge. 1969 Op. Att'y Gen. No. 69-88. Motorist cannot reconsider his acceptance of penalty assessment. 1969 Op. Att'y Gen. No. 69-88. No official court proceedings are begun by allowing a motorist to accept a penalty assessment. 1972 Op. Att'y Gen. No. 72-12.
NM Stat § 66-8-118 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-118 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 360, § 21, repealed 66-8-118 NMSA 1978, as enacted by Laws 1978, ch. 35, § 526, relating to failure to pay penalty assessment, effective January 1, 1982. For present provisions, see 66-5-25, 66-5-26 and 66-5-30 NMSA 1978.
NM Stat § 66-8-121 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-121 - Offenses by persons owning or controlling vehicles.

It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to require or to permit the operation of such vehicle upon a highway in any manner contrary to law. History: 1941 Comp., § 68-2603, enacted by Laws 1953, ch. 139, § 184; 1953 Comp., § 64-22-6; recompiled as 1953 Comp., § 64-8-121, by Laws 1978, ch. 35, § 529. ANNOTATIONSCross references. — For permitting unauthorized persons to drive, see 66-5-40, 66-5-41 NMSA 1978.
NM Stat § 66-8-126 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-126 - Failure to obey notice to appear.

A. It is a penalty assessment misdemeanor for a person to violate that person's written promise to appear in court given to an officer upon issuance of a uniform traffic citation regardless of the disposition of the charge for which the citation was issued.B. A written promise to appear in court may be complied with by appearance of counsel. History: 1953 Comp., § 64-8-126, enacted by Laws 1978, ch. 35, § 534; 2019, ch. 224, § 5. ANNOTATIONSCross references. — For the penalty for a misdemeanor, see 66-8-7 NMSA 1978. The 2019 amendment, effective October 1, 2019, reduced the penalty for failure to obey notice to appear from a misdemeanor to a penalty assessment misdemeanor; and in Subsection A, after "It is a", added "penalty assessment".Violation of promise is offense in addition to original offense. — When a person to whom a uniform traffic citation has been issued violates his written promise to appear in court, he has committed a violation in addition to that for which he was originally cited. 1961 Op. Att'y Gen. No. 61-117.
NM Stat § 66-8-127 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-127 - Procedure not exclusive.

Sections 66-8-122 through 66-8-125 NMSA 1978 govern all police officers in making arrests without warrant for violations of the Motor Vehicle Code [66-1-1 NMSA 1978] and other laws relating to motor vehicles, but the procedure prescribed is not exclusive of any other method prescribed by law for the arrest and prosecution of a person violating these laws. History: 1953 Comp., § 64-8-127, enacted by Laws 1978, ch. 35, § 535. ANNOTATIONSThe common law right to citizen's arrests for suspected violations the Motor Vehicle Code has been abrogated by the legislature. State v. Slayton, 2009-NMSC-054, 147 N.M. 340, 223 P.3d 337. Warrantless misdemeanor arrests proper when probable cause offense being committed. — Peace officers in this state can make arrests without warrants for other than trivial misdemeanors when they have probable cause to believe an offense is being committed in their presence. Such probable cause exists when there is a reasonable foundation for the judgment of the officer that a misdemeanor is being committed. 1961 Op. Att'y Gen. No. 61-117.
NM Stat § 66-8-129 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-129 - Repealed.

ANNOTATIONSRepeals. — Laws 1990, ch. 120, § 44 repealed 66-8-129 NMSA 1978, as enacted by Laws 1978, ch. 35, § 537, relating to the form on the back of uniform traffic citations, effective July 1, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 66-8-128 NMSA 1978.
NM Stat § 66-8-131 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-131 - Uniform traffic citation is complaint.

The uniform traffic citation used as a notice to appear is a valid complaint, though not verified. History: 1953 Comp., § 64-22-11.3, enacted by Laws 1961, ch. 213, § 10; recompiled as 1953 Comp., § 64-8-131, by Laws 1978, ch. 35, § 539; 1990, ch. 120, § 41. ANNOTATIONSCompiler's notes. — Laws 1972, ch. 71, § 19, relating to criminal procedure, provides that the act not be construed as repealing 64-22-10 to 64-22-12, 1953 Comp., which includes this section. The 1990 amendment, effective July 1, 1990, deleted "in the event the person receiving it voluntarily appears in court" at the end of the section. Applicability of forgery statute. — The forgery statute, Section 30-16-10A NMSA 1978, includes uniform traffic citations among the types of writings which may purport to have legal efficacy. State v. Wasson, 1998-NMCA-087, 125 N.M. 656, 964 P.2d 820, cert. denied, 125 N.M. 322, 961 P.2d 167. Section contemplates issuance for violation of village ordinances. — This section contemplates the issuance of uniform traffic citations for the violation of any traffic law or ordinance, including village traffic ordinances, which villages have the power to adopt. 1961 Op. Att'y Gen. No. 61-03.
NM Stat § 66-8-132 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-132 - Records of citations issued.

The chief administrative officer of every state and local traffic-enforcement agency shall issue, keep a record and require a receipt for each serially numbered citation issued to individual officers. History: 1953 Comp., § 64-22-11.4, enacted by Laws 1961, ch. 213, § 11; recompiled as 1953 Comp., § 64-8-132, by Laws 1978, ch. 35, § 540. ANNOTATIONSCompiler's notes. — Laws 1972, ch. 71, § 19, relating to criminal procedure, provides that the act not be construed as repealing 64-22-10 to 64-22-12, 1953 Comp., which includes this section.
NM Stat § 66-8-133 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-133 - Disposition of citations.

A. Every state and local traffic-enforcement officer issuing a uniform traffic citation to an alleged violator of the Motor Vehicle Code [66-1-1 NMSA 1978] or other law or ordinance relating to motor vehicles shall dispose of the citation as indicated on the back of each copy. B. Citations spoiled or issued in error shall be marked "void" in large letters on the face, signed by the officer, and the copies disposed of as a valid warning notice. C. It is a misdemeanor and official misconduct for any officer or other public official or employee to dispose of a uniform traffic citation except as provided in this section. History: 1953 Comp., § 64-22-12, enacted by Laws 1961, ch. 213, § 12; 1965, ch. 103, § 1; recompiled as 1953 Comp., § 64-8-133, by Laws 1978, ch. 35, § 541. ANNOTATIONSRepeals and reenactments. — Laws 1961, ch. 213, § 12, repealed former 64-22-12, 1953 Comp., relating to disposition and records of traffic offenses, and enacted a new 64-22-12, 1953 Comp. Compiler's notes. — Laws 1972, ch. 71, § 19, relating to criminal procedure, provides that the act not be construed as repealing 64-22-10 to 64-22-12, 1953 Comp., which includes this section. Cross references. — For the penalty for a misdemeanor, see 66-8-7 NMSA 1978.
NM Stat § 66-8-134 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-134 - Illegal cancellation; audit of citation records.

A. Any person who cancels or solicits the cancellation of any uniform traffic citation other than as provided in the Motor Vehicle Code [66-1-1 NMSA 1978] is guilty of a misdemeanor. B. Every record of uniform traffic citations required in the Motor Vehicle Code shall be audited monthly by the appropriate fiscal officer of the governmental agency to which the traffic-enforcement agency is responsible. C. Each fiscal officer shall publish an annual summary of all traffic violation notices issued by the traffic-enforcement agency. History: 1941 Comp., § 68-2610, enacted by Laws 1953, ch. 139, § 190.3; 1953 Comp., § 64-22-13; Laws 1961, ch. 213, § 13; recompiled as 1953 Comp., § 64-8-134, by Laws 1978, ch. 35, § 542. ANNOTATIONSCross references. — For the penalty for a misdemeanor, see 66-8-7 NMSA 1978. Constitutionality. — Subsection A of this section is not unconstitutionally vague or ambiguous. Bustamante v. De Baca, 1995-NMCA-036, 119 N.M. 739, 895 P.2d 261.
NM Stat § 66-8-136 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 8 - Crimes, Penalties and Procedure|Part 2 - TRAFFIC OFFENSES|Section 66-8-136 - Repealed.

ANNOTATIONSRepeals. — Laws 1995, ch. 135, § 29 repealed 66-8-136 NMSA 1978, as enacted by Laws 1978, ch. 35, § 544, relating to the penalties for violating confidentiality rules, effective June 16, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com.