2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-115 - Racing on highways; exception.

A. Unless written permission setting out pertinent conditions is obtained from the chief of the New Mexico state police, and then only in accordance with such conditions, no person shall drive a vehicle on a highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration or for the purpose of making a speed record, whether or not the speed is in excess of the maximum speed prescribed by law, and no person shall in any manner participate in any such race, drag race, competition, contest, test or exhibition.
B. As used in this section:
(1) "drag race" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit; and
(2) "race" means the use of one or more vehicles in a manner to outgain or outdistance another vehicle, prevent another vehicle from passing, arrive at a given destination ahead of another vehicle or test the physical stamina or endurance of drivers over long-distance routes.
C. No official or agency of the state of New Mexico shall be held liable in any civil action in connection with the permission which is authorized in this section.
D. Any person who violates any provision of this section is guilty of a misdemeanor.
History:
1953 Comp., § 64-22-3.2, enacted by Laws 1969, ch. 169, § 13; 1973, ch. 172, § 1; recompiled as 1953 Comp., § 64-8-115, by Laws 1978, ch. 35, § 523.
ANNOTATIONS
Cross references.
— For the penalty for a misdemeanor,
see
66-8-7 NMSA 1978.
Sufficient evidence of racing on highways.
— Where the arresting officer observed defendant stopped at a red light, and as soon as the traffic light turned green, observed defendant rev his engine, causing his tires to peel out, squeal, and produce blue smoke, and dart out into the intersection accelerating quickly in front of other traffic, there was sufficient evidence to support defendant's conviction for racing on highways by driving in an exhibition of speed or acceleration. The use of the disjunctive "or" in the statute makes plain that the statute may be violated in a number of ways, by engaging in a race, drag race, competition, contest, test, or exhibition, and based on the clear and unambiguous statutory language, exhibition of speed or acceleration does not require an agreement or competition among drivers.
State v. Gonzales
, 2019-NMCA-036, cert. denied.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability of participant in unauthorized highway race for injury to third person directly caused by other racer, 13 A.L.R.3d 431.
Validity, construction, and application of criminal statutes specifically directed against racing of automobiles on public streets or highways (drag racing), 24 A.L.R.3d 1286.