Sections 66-8-122 through 66-8-125 NMSA 1978 govern all police officers in making arrests without warrant for violations of the Motor Vehicle Code [66-1-1 NMSA 1978] and other laws relating to motor vehicles, but the procedure prescribed is not exclusive of any other method prescribed by law for the arrest and prosecution of a person violating these laws.
History: 1953 Comp., § 64-8-127, enacted by Laws 1978, ch. 35, § 535.
The common law right to citizen's arrests for suspected violations the Motor Vehicle Code has been abrogated by the legislature. State v. Slayton, 2009-NMSC-054, 147 N.M. 340, 223 P.3d 337.
Warrantless misdemeanor arrests proper when probable cause offense being committed. — Peace officers in this state 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.
Structure New Mexico Statutes
Article 8 - Crimes, Penalties and Procedure
Section 66-8-101 - Homicide by vehicle; great bodily harm by vehicle.
Section 66-8-101.1 - Injury to pregnant woman by vehicle.
Section 66-8-102.1 - Guilty pleas; limitations.
Section 66-8-102.3 - Imposing a fee; interlock device fund created.
Section 66-8-102.4 - Uniform police reports and procedures for DWI arrests.
Section 66-8-102.5 - Driving while intoxicated with a minor in the vehicle; penalty.
Section 66-8-105 - Implied Consent Act; short title.
Section 66-8-107 - Implied consent to submit to chemical test.
Section 66-8-108 - Consent of person incapable of refusal not withdrawn.
Section 66-8-109 - Administration of chemical test; payment of costs; additional tests.
Section 66-8-113 - Reckless driving.
Section 66-8-114 - Careless driving.
Section 66-8-115 - Racing on highways; exception.
Section 66-8-116 - Penalty assessment misdemeanors; definition; schedule of assessments.
Section 66-8-116.1 - Penalty assessment misdemeanors; oversize load.
Section 66-8-116.2 - Penalty assessment misdemeanors; Motor Carrier Act.
Section 66-8-116.3 - Penalty assessment misdemeanors; additional fees.
Section 66-8-117 - Penalty assessment misdemeanors; option; effect.
Section 66-8-119 - Penalty assessment revenue; disposition.
Section 66-8-120 - Parties to a crime.
Section 66-8-121 - Offenses by persons owning or controlling vehicles.
Section 66-8-122 - Immediate appearance before magistrate.
Section 66-8-123 - Conduct of arresting officer; notices by citation.
Section 66-8-124 - Arresting officer to be in uniform.
Section 66-8-125 - Arrest without warrant.
Section 66-8-126 - Failure to obey notice to appear.
Section 66-8-127 - Procedure not exclusive.
Section 66-8-128 - Uniform traffic citation.
Section 66-8-131 - Uniform traffic citation is complaint.
Section 66-8-132 - Records of citations issued.
Section 66-8-133 - Disposition of citations.
Section 66-8-134 - Illegal cancellation; audit of citation records.
Section 66-8-135 - Record of traffic cases.
Section 66-8-137 - Compensation of judges and officers; defenses to prosecution.
Section 66-8-137.1 - Nonresident Violator Compact; form.
Section 66-8-137.2 - Nonresident Violator Compact; definitions.
Section 66-8-137.3 - Compact administrator; compensation.
Section 66-8-137.4 - Bilateral agreements; noncompact jurisdictions; authority.