Unless another penalty is expressly provided in this chapter
or as otherwise provided by state law, every person convicted of a
violation of any provision of this chapter shall be punished by a
fine of not more than $300 or by imprisonment for not more than 90
days, or by both such fine and imprisonment. (*)
Any municipality may, by passage of an ordinance, establish
a municipal penalty assessment program similar to that established
in NMSA 1978, § 66-8-116, for violations of provisions of
the Motor Vehicle Code. Such a municipal program shall be limited to violations
of municipal traffic ordinances. All penalty assessments shall be
processed by the Municipal Court, and all fines and fees collected
shall be deposited in the treasury of the municipality. (66-8-130
NMSA 1978)
The uniform traffic citation used as a notice to appear is a
valid complaint, though not verified. (66-8-131 NMSA 1978)
Whenever any person is arrested for any violation of this chapter
or other law relating to motor vehicles punishable as a misdemeanor,
he shall be immediately taken before an available Municipal or Magistrate
Judge who has jurisdiction of the offense when the:
A. Person requests immediate appearance;
B. Person is charged with driving while under the influence of intoxicating
liquor or narcotic drugs;
C. Person is charged with failure to stop in the event of an accident
causing death, personal injuries or damage to property;
D. Person is charged with reckless driving;
E. Arresting officer has good cause to believe the person arrested has
committed a felony;
F. Person refuses to give his written promise to appear in court or
acknowledge receipt of a warning notice; or
G. Person is charged with driving when his privilege to do so was suspended
or revoked pursuant to a conviction for driving while under the influence
of intoxicating liquor or drugs. (66-8-122 NMSA 1978)
Whenever any motor vehicle without driver is found parked, standing
or stopped in violation of any of the restrictions imposed by this
chapter, the officer finding the vehicle shall take its registration
number and may take any other information displayed on the vehicle
which may identify its user and shall conspicuously affix to the vehicle
a traffic citation on a form provided by the municipality for the
driver to answer to the charge against him within five days during
the hours and at a place specified in the citation. (*)
If a violator of the restrictions on stopping, standing or parking
under the traffic laws or ordinances does not appear in response to
a traffic citation affixed to the motor vehicle within a period of
five days, the Traffic Violations Bureau or Clerk of the Municipal
Court shall send to the owner of the motor vehicle to which the traffic
citation was affixed a letter informing him of the violation and warning
him that, in the event the letter is disregarded for a period of five
days, a warrant of arrest will be issued. (*)
In the event any person fails to comply with a traffic citation
given to the person or attached to a vehicle or fails to make appearance
pursuant to a summons directing an appearance in the Municipal Court
or the Traffic Violations Bureau, or if any person fails or refuses
to deposit bail as required and within the time permitted by ordinance,
the Municipal Judge shall issue either a summons or a warrant for
his arrest. (*)
All fines or forfeitures collected upon conviction or upon the
forfeiture of bail of any person charged with a violation of any of
the provisions of this chapter shall be paid into the municipal treasury.
(*)
Failure, refusal or neglect on the part of any judicial or other
officer or employee receiving or having custody of any fine or forfeiture,
either before or after a deposit in the municipal treasury, shall
constitute misconduct in office and shall be grounds for removal.
(*)
When a driver, owner or person in charge of any vehicle has
received a notice to answer to a charge against him for violation
of any parking provisions of this chapter and the driver, owner or
person in charge of the vehicle has failed to appear and answer the
charge, members of the Police Department or employees of this municipality
acting in their official capacity may temporarily and for a period
of 48 hours immobilize the vehicle when found upon a street by installing
on or attaching to the vehicle a device designed to restrict the normal
movement of the vehicle.
A. When the vehicle is so immobilized, the member of the Police Department
or employee of this municipality installing or attaching the device
shall conspicuously affix to the vehicle a notice in writing on a
form to be provided by the Chief of Police advising the driver, owner
or person in charge of the vehicle that the vehicle has been immobilized
by this municipality for violation of this chapter and also advising
him of the provisions for release of the vehicle.
B. No person shall remove the immobilizing device or move the vehicle
before the device is released by the Police Department or the Clerk
of the Municipal Court.
C. Where the vehicle has been properly immobilized as provided in this
section, a fee of $10 shall be charged by the Police Department or
Clerk of the Municipal Court before releasing the vehicle.
D. Parking restrictions, if any, otherwise applicable shall not apply
while the vehicle is immobilized as provided in this section. (*)
Judicial proceedings under any provision of this chapter are
valid when performed on Sunday, the same as on other days of the week.
(66-8-8 NMSA 1978)