New Mexico Driving Law

Information on New Mexico driving law and New Mexico traffic laws...

Point System Regulations and Schedule

New Mexico driving law authorizes the Department to suspend the driver's license of an individual who has been convicted of violations of New Mexico traffic laws with such frequency as to show disrespect for those laws or has been found to be an habitually reckless or negligent driver of a motor vehicle.

To provide a reasonable, objective and fair method by which the Department may determine whether an individual shows disrespect for New Mexico traffic laws through frequency of conviction for violations or is habitually reckless or negligent and to promote the public safety by removing such drivers from the roads, the Department, in accordance with New Mexico driving law, establishes a "point system" with these regulations.

Schedule of Points for Violations

In accordance with New Mexico driving law, points to be assessed for conviction of violations of provisions of the Motor Vehicle Code are shown below.

8 Points for the Following Violations of New Mexico Driving Law

• Speeding 26 or more MPH over the posted speed limit on any trafficway if the limit is 15, 30 or 75 MPH
• Speeding 26 or more MPH over the posted speed limit on any trafficway if the limit is other than 15, 30 or 75 MPH and the speed was at least 76 MPH

6 Points for the Following Violations of New Mexico Traffic Laws

• Passing school bus taking on or discharging passengers or displaying warning not to pass
• Reckless driving
• Contest racing on trafficway

5 Points for the Following Violations of New Mexico Driving Law

• Speeding 16 to 25 MPH over the posted speed limit on any trafficway if the limit is 15, 30 or 75 MPH
• Speeding 16 to 25 MPH over the posted speed limit on any trafficway if the limit is other than 15, 30 or 75 MPH and the speed was at least 76 MPH

4 Points for the Following Violations of New Mexico Traffic Laws

• Failure to yield right of way to an authorized emergency vehicle

3 Points for the Following Violations of New Mexico Driving Law

• Careless driving
• Failure to obey traffic instructions stated on traffic sign or shown by traffic control device
• Following the vehicle ahead too closely
• Failure to yield right of way in manner required
• Vehicle turning left at intersection
• Failure to yield right of way at yield sign after stop or when emerging from private trafficway
• Certain vehicles must stop at railroad grade crossings
• Improper backing
• Making improper turn
• Failure to drive on right side of roadway when required
• Passing vehicles proceeding in opposite directions
• Improper overtaking or passing of a vehicle
• Driving to the left of center of roadway when prohibited
• Passing where prohibited by posted signs, pavement markings, or hill or curve
• Passing with insufficient distance allowed for other vehicles or with inadequate visibility
• Speeding 6 to 15 MPH over the posted speed limit on any trafficway if the limit is 15, 30 or 75 MPH
• Speeding 6 to 15 MPH over the posted speed limit on any trafficway if the limit is other than 15, 30 or 75 MPH and the speed is at least 76 MPH

2 Points for the Following Violations of New Mexico Traffic Laws

• Operating with any defective equipment resulting in inability to control vehicle movement properly
• Operating with defective brakes
• Failure to signal intention to change vehicle direction or to reduce speed suddenly
• Giving wrong signal
• Overloading vehicle with passengers or cargo
• Failure to restrain child passenger properly
• Failure to use seatbelt properly

Warning at 6 Points

In accordance with New Mexico driving law, upon the accumulation by the driver of at least six (6) points, the Department may warn the driver of the possibility of suspension of the driver's license.

Suspension of Driver's License at 7 to 10 Points

Under New Mexico driving law, if a driver has been assessed from seven to ten points for violations of New Mexico traffic laws occurring within a period of one year and the department receives a recommendation from a municipal or magistrate judge that the driver's license be suspended for a period not to exceed three months, the Department shall automatically suspend the license for the period recommended by the municipal or magistrate judge up to a period of three months.

If the judge does not specify the recommended length of the period of suspension, In accordance with New Mexico driving law, the Department will presume that the recommendation is for a period of three months.

The Department shall notify the driver of the fact of the suspension of the driver's license and of the beginning and ending dates of the suspension.

Suspension of Driver's License at 12 Points

Upon the assessment of points to a driver which causes the total points accumulated by that driver to equal or exceed twelve points for violations of New Mexico driving law occurring within a period of twelve consecutive months, the Department shall suspend the driver's license for a period of twelve months.

The department shall notify the driver of the fact of the suspension of the driver's license under this regulation, the beginning date of the suspension and the driver's right to a hearing under the provisions of Section 66-5-30(B) NMSA 1978.

In accordance with New Mexico driving law, the driver shall surrender the driver's license to the Department immediately upon receiving notice of the suspension unless the driver requests a hearing under the provisions of Section 66-5-30(B) NMSA 1978, in which case the license shall be surrendered immediately upon a final decision adverse to the driver.

Conditions for Reinstatement of Suspended License

In accordance with New Mexico driving law, the Division shall not reinstate a driver's license and driving privilege to any person who has had that license and driving privilege suspended under the provisions of 18 NMAC 19.5.11.6 unless the conditions specified in this regulation are met.

1. That person presents proof satisfactory to the Division showing successful completion in a timely manner by that person of an approved driver improvement course. The course must be approved by the Traffic Safety Bureau of the State Highway and Transportation Department. Completion of the course must have occurred within 90 days immediately preceding the application for reinstatement.
2. The driver pays, to the Division, a reinstatement fee pursuant to Section 66-5-33.1 NMSA 1978.
3. The driver must also successfully complete any required driver's examination administered by the Division prior to the issuance of the driver's license.