JURISDICTION: NEW MEXICO

This chapter summarizes New Mexico State statutes related to speed.

General Reference: New Mexico Statutes Annotated and New Mexico Administrative Code (NMAC)

Basis for a Speed Law Violation:

Basic Speed Rule: Speed shall be so controlled as to avoid colliding with any person or vehicle which is either on or entering the highway. All persons shall use due care.⁽¹⁾ §66-7-301(B)

Statutory Speed Limit: 75 MPH on highways §66-7-301(A)(3)

See Other below. 35 MPH in business and residential districts §66-7-301(A)(2)

15 MPH in a posted school zone⁽²⁾ §66-7-301(A)(1)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Secretary of Highway and Transportation may increase to not >75 MPH or decrease the above speed limits on any highway within its jurisdiction.⁽³⁾ §66-7-303(A) & (B)

II. Based on engineering and traffic investigations and subject to approval by the State Secretary of Highway and Transportation, a local government, may increase or decrease the above speed limits on any highway within its jurisdiction. §66-7-304

III. Based upon an investigations, the State Highway Commission may establish safe maximum speed limits for bridges and other elevated structures. §66-7-306(B) & (C)

Minimum Speed Limit: No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §66-7-305(A)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Highway Commission or a local government may establish minimum speed limits on a highway. §66-7-305(B)

Other: I. The State or a local government may establish speed limits in construction zones. §66-7-303.1

II. A person shall not operate a motor vehicle that is equipped with solid rubber or cushion tires >10 MPH. §66-7-306(A)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §66-8-7(A)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Not more than 90 days §66-8-7(B)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Not more than $300 §66-8-7(B)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School:

Other: In lieu of a court appearance, an offender may elect to pay a penalty assessment.⁽⁴⁾ §66-8-116 For a penalty assessment, an offender is assessed additional fees to cover various costs.⁽⁵⁾ §66-8-116.3

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System based on frequent violation of the traffic laws⁽⁶⁾ §66-5-30(A)(3)⁽⁷⁾

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year §66-5-32

Mandatory Minimum Term of

Withdrawal: None Note: An offender is eligible for limited driving privileges for educational or employment purposes. §66-5-35 and Title 18 NMAC 19.5.13

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Racing on Highway: Misdemeanor §66-8-115(A) & (D)

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 90 days §66-8-7(B)

Mandatory Minimum Term: None

Fine ($ Range): Not more than $300 §66-8-7(B)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via a Points System based either on (1) frequent violations of the traffic laws or (2) habitually reckless or negligent driving⁶ §66-5-30(A)(3) & (4)

Length of Term of

Licensing Withdrawal: Not more than 1 year §66-5-32(A)

Mandatory Action--Minimum

Length of License

Withdrawal: None Note: An offender is eligible for limited driving privileges for employment purposes. §66-5-35

Other:

Reckless Driving: Misdemeanor §§66-8-7(A) & 66-8-113(A)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-5 to 90 days Subsequent offense-10 days to 6 months §66-8-113(B)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $100 Subsequent offense-$50 to $1,000 §66-8-113(B)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension §66-8-113(C) Revocation for 3 offenses within 12 months §66-5-29(A)(7)

Length of Term of License

Withdrawal Action: Suspension-Not more than 90 days §66-8-113(C) Revocation for 3 offenses within 12 months-1 year §66-5-29(B)

Mandatory Term of License

Withdrawal Action: None Note: An offender is eligible for limited driving privileges for employment purposes. §66-5-35

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving: (continued)

Other: Suspension is also possible via a Points System based either on (1) frequent violations of the traffic laws or (2) habitually reckless or negligent driving⁶ §66-5-30(A)(3) & (4)

Careless Driving⁽⁸⁾: Misdemeanor §66-8-114(B)

Sanction:

Criminal:

Imprisonment (Term): Not more than 90 days §66-8-7(B)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $300 §66-8-7(B)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System based either on (1) frequent violations of the traffic laws or (2) habitually reckless or negligent driving⁶ §66-5-30(A)(3) & (4)

Length of Term of License

Withdrawal Action: Not more than 1 year §66-5-32(A)

Mandatory Term of License

Withdrawal Action: None Note: An offender is eligible for limited driving privileges for employment purposes. §66-5-35

Other:

Commercial Motor Vehicle (CMV) Operators⁽⁹⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽¹⁰⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §66-5-68(E)

Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days §66-5-68(E)

Commercial Motor Vehicle (CMV) Operators:

(continued)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §66-5-68(E)

1. ¹See Careless Driving.

2. ²This speed limit is in effect when children are going to or leaving a school. §66-7-301(A)(1)

3. ³Note: New Mexico law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

4. ⁴Penalty Assessments. The following monetary assessments are assigned for speeding violations: (1) 10 MPH over the speed limit or minimum speed violation-$15; 11 to 15 MPH over the speed limit-$30; 16 to 20 MPH over the speed limit-$65; 21 to 25 MPH over the speed limit-$100; 26 to 30 MPH over the speed limit-$125; 31 to 35 MPH over the speed limit-$150; >35 MPH over the speed limit-$200. §66-8-116(A)

5. ⁵The following additional fees are assessed: A fee of $10 to cover local government corrections costs; a fee of $10 to cover the costs of court automation; a fee of $3 to fund traffic education and enforcement; and, a fee of $1 to fund judicial education. §66-8-116.3

6. ⁶Point System. I. An offender's license is suspended for not more than 3 months if they accumulate between 7 and 10 points within 1 year. §66-5-30(A)(11) & Title 18 NMAC 19.5.11.5 However, they are subject to a 12 month suspension if they accumulate 12 or more points within 12 consecutive months. Title 18 NMAC 19.5.11.6 II. The following points have been assigned for speeding or speed related violations: Speeding 26 MPH over the speed limit-8 points; reckless driving-6 points; racing on highway-6 points; speeding 16 to 25 MPH over the speed limit-5 points; speeding 6 to 15 MPH over the speed limit-4 points; and, careless driving-3 points. Title 18 NMAC 19.5.11.3

7. ⁷Exception. Except on highways with 75, 35 or 15 MPH speed limits, the licensing agency cannot suspend an offender's license for a speeding violation unless the offender was driving >75 MPH. §66-7-302.1

8. ⁸The offense of "careless driving" includes operating a vehicle "in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, other and road conditions and other attendant circumstances." §66-8-114(B)

9. ⁹A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §66-1-4.3(K)

10. ¹⁰A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §66-5-54(C)