2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 1 - Issuance of Process and Warrants › Section 31-1-6 - Citation in lieu of arrest without a warrant.

A. A law enforcement officer who arrests a person without a warrant for a petty misdemeanor or any offense under Chapter 17 NMSA 1978 may offer the person arrested the option of accepting a citation to appear in lieu of taking the person to jail.
B. A citation issued pursuant to this section shall contain the name and address of the cited person, the offense charged and the time and place to appear. The citation may be a paper citation or an electronic version of a paper citation. Unless the person requests an earlier date, the time specified in the citation shall be at least three days after issuance of the citation. The law enforcement officer shall explain the person's rights not to sign a citation, the effect of not signing the citation, the effect of signing the citation and the effect of failing to appear at the time and place stated on the citation.
C. The person's signature on the citation constitutes a promise to appear at the time and place stated in the citation. One copy of the citation to appear shall be delivered to the person cited, and the law enforcement officer shall keep a duplicate copy for filing with the court as soon as practicable.
D. A law enforcement officer who prepares a citation pursuant to this section may use a paper citation form or an electronic citation form to record the information required by this section. Regardless of the form of citation used, a physical copy of the citation shall be delivered to the person cited as required by this section. An electronic citation may be signed electronically and the law enforcement officer's copy of a citation may be filed with the court electronically.
E. A citation issued pursuant to this section is a valid complaint if the person receives and signs the citation in paper or electronic form.
F. It is a petty misdemeanor for a person signing a citation not to appear at the time and place stated in the citation regardless of the disposition of the offense for which the citation was issued. A written promise to appear may be complied with by appearance of counsel.
History:
1953 Comp., § 41-1-6, enacted by Laws 1973, ch. 73, § 4; 1987, ch. 114, § 1; 2013, ch. 197, § 1.
ANNOTATIONS
Repeals.
— Laws 1972, ch. 71, § 18, repealed former 41-1-6, 1953 Comp., relating to process issued to the sheriff.
The 2013 amendment,
effective July 1, 2013, provided for the use of electronic citations; in Subsection B, added the second sentence; added Subsection D; and in Subsection E, after "if the person", deleted "receiving it appears in court" and added the remainder of the sentence.
Temporary provisions.
— Laws 2013, ch. 197, § 5 provided that the department of public safety and the motor vehicle division of the taxation and revenue department shall develop procedures to carry out the provisions of Laws 2013, ch. 197, §§ 1 to 4.
The 1987 amendment,
effective June 19, 1987, in Subsection A, inserted "or any offense under Chapter 17 NMSA 1978" following "without a warrant a petty misdemeanor".
No right to counsel upon issuance of citation.
— A person issued a citation and placed under custodial arrest for driving while under the influence of intoxicating liquor does not have a constitutional right to counsel immediately following a breath alcohol test since it did not amount to initiation of judicial criminal proceedings or prosecutorial commitment, nor was the period following administration of the test a critical stage.
State v. Sandoval
, 1984-NMCA-053, 101 N.M. 399, 683 P.2d 516.
Legislative intent.
— This statute is not mandatory, but the apparent legislative intent is that citations should be issued in most petty misdemeanor cases. 1973 Op. Att'y Gen. No. 73-46.
Law reviews.
— For annual survey of New Mexico criminal procedure, see 16 N.M.L. Rev. 25 (1986).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
5 Am. Jur. 2d Arrest § 37 et seq.
22 C.J.S. Criminal Law § 334.