As used in Sections 66-5-8 and 66-5-9 NMSA 1978, "traffic violation" means:
A. failure to obey traffic-control devices, as provided in Section 66-7-104 NMSA 1978;
B. failure to obey traffic-control signals, as provided in Section 66-7-105 NMSA 1978;
C. speeding, as provided in Section 66-7-301 NMSA 1978;
D. failure to yield, as provided in Sections 66-7-328 through 66-7-332.1 NMSA 1978;
E. child not in restraint device or seat belt, as provided in Section 66-7-369 NMSA 1978;
F. failure to properly fasten safety belt, as provided in Section 66-7-372 NMSA 1978;
G. homicide by vehicle, as provided in Section 66-8-101 NMSA 1978;
H. injury to pregnant woman by vehicle, as provided in Section 66-8-101.1 NMSA 1978;
I. driving while under the influence of intoxicating liquor or drugs, as provided in Section 66-8-102 NMSA 1978;
J. refusal to submit to chemical tests, as provided in Section 66-8-111 NMSA 1978;
K. reckless driving, as provided in Section 66-8-113 NMSA 1978;
L. careless driving, as provided in Section 66-8-114 NMSA 1978;
M. racing on highways, as provided in Section 66-8-115 NMSA 1978;
N. using a mobile communication device while driving a motor vehicle, unless the driver holds a valid amateur radio operator license issued by the federal communications commission and is operating an amateur radio. As used in this subsection:
(1) "driving" means being in actual physical control of a motor vehicle on a highway or street, except that "driving" does not include being lawfully parked; and
(2) "mobile communication device" means a wireless communication device that is designed to receive and transmit voice, text or image communication; or
O. buying, attempting to buy, receiving, possessing or permitting oneself to be served alcoholic beverages, as provided in Subsection C of Section 60-7B-1 NMSA 1978.
History: Laws 1999, ch. 175, § 1; 2011, ch. 143, § 1.
The 2011 amendment, effective June 17, 2011, added "child not in restraint device or seat belt", "failure to properly fasten safety belt", "using a mobile communication device while driving" and "buying, possessing or being served alcoholic beverages" to the list of traffic violations.
Structure New Mexico Statutes
Part 1 - OPERATORS' AND CHAUFFEURS' LICENSES
Section 66-5-1.1 - Definition.
Section 66-5-1.2 - Definition; tribe.
Section 66-5-2 - Drivers must be licensed.
Section 66-5-2.1 - Consent to registration with the selective service system; applicability.
Section 66-5-4 - Persons exempt from licensure.
Section 66-5-5 - Persons not to be licensed.
Section 66-5-6 - Health standards advisory board.
Section 66-5-7 - Driver's license; classification; examinations.
Section 66-5-9 - Application for license or renewal.
Section 66-5-10 - Application for license; information; transfer to license.
Section 66-5-11 - Application of minors.
Section 66-5-12 - Release from liability.
Section 66-5-13 - Cancellation of license upon death of person signing minor's application.
Section 66-5-14 - Examination of applicants.
Section 66-5-15 - Licenses issued to applicants.
Section 66-5-15.1 - Notification by licensee.
Section 66-5-15.4 - Driver's licenses and identification cards; acceptance.
Section 66-5-15.5 - Validity; driving authorization cards. (Repealed effective July 1, 2022.)
Section 66-5-16 - License to be carried and exhibited on demand.
Section 66-5-17 - Use of license for identification.
Section 66-5-18 - Altered, forged or fictitious license; penalty.
Section 66-5-19 - Restricted licenses.
Section 66-5-20 - Replacement licenses.
Section 66-5-21.1 - Effect of military service on driver's license.
Section 66-5-22 - Notice of change of address or name.
Section 66-5-23 - Records to be kept by the division.
Section 66-5-24 - Authority of division to cancel license.
Section 66-5-29 - Mandatory revocation of license by division.
Section 66-5-30 - Authority of division to suspend or revoke license.
Section 66-5-31 - Division may require reexamination.
Section 66-5-32 - Period of suspension or revocation.
Section 66-5-33.1 - Reinstatement of driver's license or registration; ignition interlock; fee.
Section 66-5-34 - No operation under foreign license during suspension or revocation in this state.
Section 66-5-35 - Limited driving privilege upon suspension or revocation.
Section 66-5-36 - Right of appeal to court.
Section 66-5-37 - Unlawful use of license.
Section 66-5-38 - Making false affidavit perjury.
Section 66-5-39 - Driving while license suspended; penalties.
Section 66-5-39.1 - Driving while license revoked; penalties.
Section 66-5-39.2 - Driving while license administratively suspended.
Section 66-5-40 - Permitting unauthorized minor to drive.
Section 66-5-41 - Permitting unauthorized person to drive.
Section 66-5-42 - Employing unlicensed driver.
Section 66-5-43 - Renting motor vehicles to unlicensed drivers and minors; exception; record.
Section 66-5-44 - Licenses and permits; duration and fee; appropriation.
Section 66-5-44.1 - Provisional licenses; duration and fee; appropriation.
Section 66-5-47 - Photographs.
Section 66-5-48 - Uniformity of interpretation.
Section 66-5-49 - Driver License Compact enacted.
Section 66-5-50 - Driver License Compact; definitions; cooperation.