66-8-116. Penalty assessment misdemeanors; definition; schedule of assessments.
A. As used in the Motor Vehicle Code [66-1-1 NMSA 1978], "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D and E of this section, the listed penalty assessment is established:
COMMON NAME SECTION PENALTY OF OFFENSE VIOLATED ASSESSMENT Permitting unlicensed minor to drive 66-5-40 $ 10.00 Failure to obey sign 66-7-104 10.00 Failure to obey signal 66-7-105 10.00 Speeding 66-7-301 (1) up to and including ten miles an hour over the speed limit 15.00 (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 10.00 Speeding 66-7-306 15.00 Improper starting 66-7-324 10.00 Improper backing 66-7-354 10.00 Improper lane 66-7-308 10.00 Improper lane 66-7-313 10.00 Improper lane 66-7-316 10.00 Improper lane 66-7-317 10.00 Improper lane 66-7-319 10.00 Improper passing 66-7-309 through 66-7-312 10.00 Improper passing 66-7-315 10.00 Controlled access violation 66-7-320 10.00 Controlled access violation 66-7-321 10.00 Improper turning 66-7-322 10.00 Improper turning 66-7-323 10.00 Improper turning 66-7-325 10.00 Following too closely 66-7-318 10.00 Failure to yield 66-7-328 through 66-7-331 10.00 Failure to yield 66-7-332 50.00 Failure to yield 66-7-332.1 25.00 Pedestrian violation 66-7-333 10.00 Pedestrian violation 66-7-340 10.00 Failure to stop 66-7-342 and 66-7-344 through 66-7-346 10.00 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 10.00 Failure to secure load 66-7-407 100.00 Operation without oversize- overweight permit 66-7-413 50.00 Improper equipment 66-3-801 10.00 Improper equipment 66-3-901 20.00 Improper emergency signal 66-3-853 through 66-3-857 10.00 Operation interference 66-7-357 5.00 Littering 66-7-364 300.00 Improper parking 66-7-349 through 66-7-352 and 66-7-353 5.00 Improper parking 66-3-852 5.00 Failure to dim lights 66-3-831 10.00 Riding in or towing occupied house trailer 66-7-366 5.00 Improper opening of doors 66-7-367 5.00 No slow-moving vehicle emblem or flashing amber light 66-3-887 5.00 Open container - first violation 66-8-138 25.00.
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 (4) 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).
66-8-116. Penalty assessment misdemeanors; definition; schedule of assessments.
A. As used in the Motor Vehicle Code [66-1-1 NMSA 1978], "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D and E of this section, the listed penalty assessment is established:
COMMON NAME SECTION PENALTY OF OFFENSE VIOLATED ASSESSMENT Permitting unlicensed minor to drive 66-5-40 $ 10.00 Failure to obey sign 66-7-104 10.00 Failure to obey signal 66-7-105 10.00 Speeding 66-7-301 (1) up to and including ten miles an hour over the speed limit 15.00 (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 10.00 Speeding 66-7-306 15.00 Improper starting 66-7-324 10.00 Improper backing 66-7-354 10.00 Improper lane 66-7-308 10.00 Improper lane 66-7-313 10.00 Improper lane 66-7-316 10.00 Improper lane 66-7-317 10.00 Improper lane 66-7-319 10.00 Improper passing 66-7-309 through 66-7-312 10.00 Improper passing 66-7-315 10.00 Controlled access violation 66-7-320 10.00 Controlled access violation 66-7-321 10.00 Improper turning 66-7-322 10.00 Improper turning 66-7-323 10.00 Improper turning 66-7-325 10.00 Following too closely 66-7-318 10.00 Failure to yield 66-7-328 through 66-7-331 10.00 Failure to yield 66-7-332 50.00 Failure to yield 66-7-332.1 25.00 Pedestrian violation 66-7-333 10.00 Pedestrian violation 66-7-340 10.00 Failure to stop 66-7-342 and 66-7-344 through 66-7-346 10.00 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 10.00 Failure to secure load 66-7-407 100.00 Operation without oversize- overweight permit 66-7-413 50.00 Improper equipment 66-3-801 10.00 Improper equipment 66-3-901 20.00 Improper emergency signal 66-3-853 through 66-3-857 10.00 Operation interference 66-7-357 5.00 Littering 66-7-364 300.00 Improper parking 66-7-349 through 66-7-352 and 66-7-353 5.00 Improper parking 66-3-852 5.00 Failure to dim lights 66-3-831 10.00 Riding in or towing occupied house trailer 66-7-366 5.00 Improper opening of doors 66-7-367 5.00 No slow-moving vehicle emblem or flashing amber light 66-3-887 5.00 Open container - first violation 66-8-138 25.00.
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 (4) 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).
66-8-116. Penalty assessment misdemeanors; definition; schedule of assessments.
A. As used in the Motor Vehicle Code [66-1-1 NMSA 1978], "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D and E of this section, the listed penalty assessment is established:
COMMON NAME SECTION PENALTY OF OFFENSE VIOLATED ASSESSMENT Permitting unlicensed minor to drive 66-5-40 $ 10.00 Failure to obey sign 66-7-104 10.00 Failure to obey signal 66-7-105 10.00 Speeding 66-7-301 (1) up to and including ten miles an hour over the speed limit 15.00 (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 10.00 Speeding 66-7-306 15.00 Improper starting 66-7-324 10.00 Improper backing 66-7-354 10.00 Improper lane 66-7-308 10.00 Improper lane 66-7-313 10.00 Improper lane 66-7-316 10.00 Improper lane 66-7-317 10.00 Improper lane 66-7-319 10.00 Improper passing 66-7-309 through 66-7-312 10.00 Improper passing 66-7-315 10.00 Controlled access violation 66-7-320 10.00 Controlled access violation 66-7-321 10.00 Improper turning 66-7-322 10.00 Improper turning 66-7-323 10.00 Improper turning 66-7-325 10.00 Following too closely 66-7-318 10.00 Failure to yield 66-7-328 through 66-7-331 10.00 Failure to yield 66-7-332 50.00 Failure to yield 66-7-332.1 25.00 Pedestrian violation 66-7-333 10.00 Pedestrian violation 66-7-340 10.00 Failure to stop 66-7-342 and 66-7-344 through 66-7-346 10.00 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 10.00 Failure to secure load 66-7-407 100.00 Operation without oversize- overweight permit 66-7-413 50.00 Improper equipment 66-3-801 10.00 Improper equipment 66-3-901 20.00 Improper emergency signal 66-3-853 through 66-3-857 10.00 Operation interference 66-7-357 5.00 Littering 66-7-364 300.00 Improper parking 66-7-349 through 66-7-352 and 66-7-353 5.00 Improper parking 66-3-852 5.00 Failure to dim lights 66-3-831 10.00 Riding in or towing occupied house trailer 66-7-366 5.00 Improper opening of doors 66-7-367 5.00 No slow-moving vehicle emblem or flashing amber light 66-3-887 5.00 Open container - first violation 66-8-138 25.00.
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 (4) 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).
