A. It is a misdemeanor for any person to:
(1) display or cause or permit to be displayed or have in the person's possession any canceled, revoked or suspended driver's license;
(2) lend the person's driver's license to any other person or knowingly permit the use of the person's license by another;
(3) permit any unlawful use of the driver's license issued to, or received by, the person;
(4) display or represent as one's own any driver's license not issued to the person; or
(5) do any other act forbidden or fail to perform any other act required by Sections 66-5-1.1 through 66-5-47 NMSA 1978 or the provisions of the New Mexico Commercial Driver's License Act.
B. It is a felony for any person to:
(1) fail or refuse to surrender to the division upon its lawful demand any driver's license that has been suspended, revoked or canceled;
(2) knowingly or willfully provide a false or fictitious name or document in any application for a driver's license or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in any such application; or
(3) induce or solicit another person or conspire with another person to violate this subsection.
History: 1953 Comp., § 64-5-37, enacted by Laws 1978, ch. 35, § 259; 1989, ch. 14, § 22; 2016, ch. 79, § 7; 2019, ch. 167, § 9.
Cross references. — For use of altered, forged or fictitious license for identification being a misdemeanor, see 66-5-18 NMSA 1978.
For operation of vehicle in violation of restrictions imposed on a restricted license being a misdemeanor, see 66-5-19 NMSA 1978.
For the penalty for misdemeanor, see 66-8-7 NMSA 1978.
The 2019 amendment, effective October 1, 2019, removed references to "permit, commercial driver's license or permit or driving authorization card"; in Subsection A, after each occurrence of "license", deleted "permit, commercial driver's license or permit or driving authorization card"; and in Subsection B, after each occurrence of "license", deleted "permit, commercial driver's license or permit or driving authorization card".
The 2016 amendment, effective May 18, 2016, established that existing criminal penalties applicable to the unlawful use of a driver's license are extended to driving authorization cards, and increased the penalties for certain crimes connected to the application, issuance and use of driver's licenses, ID cards, and driving authorization cards; added new subsection designation "A" and redesignated former Subsections A, B and C as Paragraphs (1), (2) and (4) of Subsection A, respectively; in Subsection A, Paragraph (1), after "displayed or have in", deleted "his" and added "the person's", after "suspended driver's license or permit", deleted "or", and after "commercial driver's license or permit", added "or driving authorization card", in Paragraph (2), after "lend", deleted "his" and added "the person's", after "driver's license or permit", deleted "or", after "commercial driver's license or permit", added "or driving authorization card", after "knowingly permit the use of", deleted "his" and added "the person's", after "license", deleted "or", and after "permit", added "or driving authorization card", added a new Paragraph (3), in Paragraph (4), after "any driver's license or permit", deleted "or", after "commercial driver's license or permit", added "or driving authorization card", and after "not issued to", deleted "him" and added "the person; or", added a new Paragraph (5); added new subsection designation "B" and "It is a felony for any person to:" and designated the language from former Subsection D as Paragraph (1) and the language from former Subsection E as Paragraph (2); in Paragraph (1), after "any driver's license or permit", deleted "or", and after "commercial driver's license or permit", deleted "which" and added "or driving authorization card that", in Paragraph (2), added "knowingly or willfully provide", after "fictitious name", added "or document", and after "commercial driver's license or permit", added "or driving authorization card"; and deleted former Subsections F and G, and added a new Paragraph (3) of Subsection B.
The 1989 amendment, effective July 1, 1989, inserted "or commercial driver's license or permit" in Subsections A through F, substituted all of the language of Subsection G following "sections" for "64-5-1 through 64-5-47 NMSA 1953", and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 146, 147.
61A C.J.S. Motor Vehicles §§ 588, 651.
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.