2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 8 - Crimes, Penalties and Procedure › Part 2 - TRAFFIC OFFENSES › Section 66-8-122 - Immediate appearance before magistrate.

Whenever any person is arrested for any violation of the Motor Vehicle Code [66-1-1 NMSA 1978] or other law relating to motor vehicles punishable as a misdemeanor, he shall be immediately taken before an available magistrate who has jurisdiction of the offense when the:
A. person requests immediate appearance;
B. person is charged with driving while under the influence of intoxicating liquor or narcotic drugs;
C. person is charged with failure to stop in the event of an accident causing death, personal injuries or damage to property;
D. person is charged with reckless driving;
E. arresting officer has good cause to believe the person arrested has committed a felony;
F. person refuses to give his written promise to appear in court or acknowledge receipt of a warning notice; or
G. person is charged with driving when his privilege to do so was suspended or revoked pursuant to Section 66-8-111 NMSA 1978 or pursuant to a conviction for driving while under the influence of intoxicating liquor or drugs.
History:
1941 Comp., § 68-2604, enacted by Laws 1953, ch. 139, § 185; 1953 Comp., § 64-22-7; Laws 1968, ch. 62, § 160; 1977, ch. 376, § 2; recompiled as 1953 Comp., § 64-8-122, by Laws 1978, ch. 35, § 530; 1978, ch. 162, § 1; 1978, ch. 212, § 1; 1985, ch. 186, § 3.
ANNOTATIONS
Cross references.
— For the definition of "nonresident",
see
66-1-4.12 NMSA 1978.
For failure to stop for an accident,
see
66-7-201 to 66-7-205 NMSA 1978.
For driving while under the influence of intoxicating liquor or narcotic drugs,
see
66-8-102 NMSA 1978.
For reckless driving,
see
66-8-113 NMSA 1978.
No right to counsel when under custodial arrest following testing.
— 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.
Word "immediate" does not mean "instantaneously",
without any delay or any time intervening, but means within a reasonable time, without unreasonable or unnecessary delay, having due regard to the nature and circumstances of a particular case. 1960 Op. Att'y Gen. No. 60-34.
Peace officers can make warrantless arrest when probable cause offense committed in presence.
— Peace officers in New Mexico 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.
Warrantless arrest for commission of crime.
— In situations involving violations of the Motor Vehicle Code Sections (66-1-1 to 66-8-140 NMSA 1978) other than those enumerated in this section, a police officer may make a physical arrest without a warrant rather than issuing a uniform traffic citation so long as the arrest is made for the commission of a felony or for the commission of a misdemeanor committed in his presence. 1961 Op. Att'y Gen. No. 61-117.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Right of motorist stopped by police officers to be informed at that time of his federal constitutional rights under Miranda v. Arizona, 25 A.L.R.3d 1076.
61A C.J.S. Motor Vehicles § 593(1).