PENALTY FOR CERTAIN MISDEMEANORS

SB0214

SENATE BILL 214

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

George K. Muñoz

AN ACT

RELATING TO MOTOR VEHICLES; INCREASING THE PENALTY ASSESSMENT
FOR CERTAIN MISDEMEANOR VIOLATIONS OF THE MOTOR VEHICLE CODE
AND THE BOAT ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 66-8-7 NMSA 1978 (being Laws 1978,
Chapter 35, Section 505, as amended) is amended to read:

"66-8-7. PENALTY FOR MISDEMEANOR.--

A. It is a misdemeanor for any person to violate
any provision of the Motor Vehicle Code unless the violation is
declared a felony.

B. Unless another penalty is specified in the Motor
Vehicle Code, every person convicted of a misdemeanor for
violation of any provision of the Motor Vehicle Code shall be
punished by a fine of not [
more than three hundred dollars
($300)
]
less than one hundred dollars ($100) and not more than
five hundred dollars ($500)
or by imprisonment for not more
than ninety days, or both."

SECTION 2.
Section 66-8-113 NMSA 1978 (being Laws 1978,
Chapter 35, Section 521, as amended) is amended to read:

"66-8-113. RECKLESS DRIVING.--

A. Any person who drives any vehicle carelessly and
heedlessly in willful or wanton disregard of the rights or
safety of others and without due caution and circumspection and
at a speed or in a manner so as to endanger or be likely to
endanger any person or property is guilty of reckless driving.

B. Every person convicted of reckless driving shall
be punished [
notwithstanding the provisions of Section 31-18-13
NMSA 1978
] upon a first conviction by imprisonment for not less
than five days [
nor
]
or
more than ninety days or by a fine of
not less than [
twenty-five dollars ($25.00) nor
]
five hundred
dollars ($500) or
more than [
one hundred dollars ($100)
]
seven
hundred fifty dollars ($750)
, or both, and on a second or
subsequent conviction by imprisonment for not less than ten
days [
nor
]
or
more than six months or by a fine of not less
than [
fifty dollars ($50.00) nor
]
seven hundred fifty dollars
($750) or
more than one thousand dollars ($1,000), or both.

C. Upon conviction of violation of this section,
the director may suspend the license or permit to drive and any
nonresident operating privilege for not to exceed ninety days."

SECTION 3.
Section 66-8-114 NMSA 1978 (being Laws 1969,
Chapter 169, Section 12) is amended to read:

"66-8-114. CARELESS DRIVING.--

A. Any person operating a vehicle on the highway
shall give [
his
]
the person's
full time and entire attention to
the operation of the vehicle.

B. Any person who operates a vehicle in a careless,
inattentive or imprudent manner without due regard for the
width, grade, curves, corners, traffic, weather and road
conditions and all other attendant circumstances is guilty of
[
a misdemeanor
]
careless driving.

C. Every person convicted of careless driving shall
be punished upon a first conviction by imprisonment of not more
than ninety days or by a fine of not less than two hundred
fifty dollars ($250) or more than five hundred dollars ($500),
or both, and on a second or subsequent conviction by
imprisonment of not more than six months or by a fine of not
less than five hundred dollars ($500) or more than seven
hundred fifty dollars ($750), or both
."

SECTION 4.
Section 66-8-116 NMSA 1978 (being Laws 1978,
Chapter 35, Section 524, as amended) is amended to read:

"66-8-116. PENALTY ASSESSMENT MISDEMEANORS--DEFINITION--SCHEDULE OF ASSESSMENTS.--

A. As used in the Motor Vehicle Code and the Boat
Act, "penalty assessment misdemeanor" means violation of any of
the following listed sections of the NMSA 1978 for which,
except as provided in Subsections D through F of this section,
the listed penalty assessment is established:

COMMON NAME OF OFFENSE

SECTION VIOLATED

PENALTY
ASSESSMENT

Vehicles subject to

registration

66-3-1

$ [
50.00
]
125.00

Improper display of

registration plate

66-3-18

[
25.00
]
100.00

Failure to notify of

change of name or address

66-3-23

[
25.00
]
100.00

Lost or damaged registration,

plate or title

66-3-24

[
25.00
]
100.00

Horseless carriage

registration

66-3-27

[
25.00
]
100.00

Transfer of registration

and title

66-3-103

[
25.00
]
100.00

Expiration of dealer

plates

66-3-403

[
25.00
]
100.00

Special registration

plates

66-3-409, 66-3-412.1,

66-3-413, 66-3-415,

66-3-417, 66-3-419,

66-3-421, 66-3-422,

66-3-424.4, 66-3-424.5,

66-3-424.7, 66-3-424.9,

66-3-424.13, 66-3-424.16

and 66-3-424.28

[
75.00
]
150.00

Bicycle laws

66-3-701

through

66-3-707

[
50.00
]
125.00

No license display

66-5-16

[
25.00
]
100.00

Failure to change

address or name on

license

66-5-22

[
25.00
]
100.00

Permitting unauthorized

minor to drive

66-5-40

[
50.00
]
125.00

Permitting unauthorized

person to drive

66-5-41

[
25.00
]
100.00

Failure to obey sign

66-7-104

[
25.00
]
100.00

Failure to obey signal

66-7-105

[
25.00
]
100.00

Pedestrian signs and

signals

66-7-106

through

66-7-108

[
25.00
]
100.00

Speeding

66-7-301

(1) up to and including

ten miles an hour

over the speed limit

[
25.00
]
100.00

(2) from eleven up to

and including fifteen

miles an hour

over the speed limit

[
30.00
]
105.00

(3) from sixteen up to

and including twenty

miles an hour over the

speed limit

[
65.00
]
140.00

(4) from twenty-one up to

and including twenty-five

miles an hour

over the speed limit

[
100.00
]
175.00

(5) from twenty-six up to

and including thirty

miles an hour over the

speed limit

[
125.00
]
200.00

(6) from thirty-one up to

and including thirty-five

miles an hour over the

speed limit

[
150.00
]
225.00

(7) more than thirty-five

miles an hour over the

speed limit

[
200.00
]
275.00

Unfastened safety belt

66-7-372

[
25.00
]
100.00

Child not in restraint device

or seat belt

66-7-369

[
25.00
]
100.00

Minimum speed

66-7-305

[
25.00
]
100.00

Speeding

66-7-306

[
25.00
]
100.00

Improper starting

66-7-324

[
25.00
]
100.00

Improper backing

66-7-354

[
25.00
]
100.00

Improper lane

66-7-308

[
25.00
]
100.00

Improper lane

66-7-313

[
25.00
]
100.00

Improper lane

66-7-316

[
25.00
]
100.00

Improper lane

66-7-317

[
25.00
]
100.00

Improper lane

66-7-319

[
25.00
]
100.00

Improper passing

66-7-309

through

66-7-312

[
25.00
]
100.00

Improper passing

66-7-315

[
25.00
]
100.00

Controlled access

violation

66-7-320

[
25.00
]
100.00

Controlled access

violation

66-7-321

[
25.00
]
100.00

Improper turning

66-7-322

[
25.00
]
100.00

Improper turning

66-7-323

[
25.00
]
100.00

Improper turning

66-7-325

[
25.00
]
100.00

Following too closely

66-7-318

[
25.00
]
100.00

Failure to yield

66-7-328

through

66-7-331

[
25.00
]
100.00

Failure to yield

66-7-332

[
50.00
]
125.00

Failure to yield

66-7-332.1

[
25.00
]
100.00

Pedestrian violation

66-7-333

through

66-7-340

[
25.00
]
100.00

Failure to stop

66-7-342

and 66-7-344

through

66-7-346

[
25.00
]
100.00

Railroad-highway grade

crossing violation

66-7-341

and 66-7-343

[
150.00
]
225.00

Passing school bus

66-7-347

[
100.00
]
175.00

Failure to signal

66-7-325

through

66-7-327

[
25.00
]
100.00

Riding on motorcycles

66-7-355

[
100.00
]
175.00

Video screens in

automobiles

66-7-358

[
25.00
]
100.00

Driving on mountain

highways

66-7-359

[
25.00
]
100.00

Coasting prohibited

66-7-360

[
25.00
]
100.00

Animals on highway at

night

66-7-363

[
50.00
]
125.00

Failure to secure load

66-7-407

[
100.00
]
175.00

Operation without oversize-

overweight permit

66-7-413

[
50.00
]
250.00

Transport of reducible

load with special

permit more than six miles

from a border crossing

66-7-413

[
100.00
]
250.00

Driving while license

administratively

suspended

66-5-39.2

[
25.00
]
100.00

Improper equipment

66-3-801

through

66-3-840

and 66-3-842

through

66-3-851

[
50.00
]
125.00

Improper equipment

66-3-901

[
50.00
]
125.00

Improper emergency

signal

66-3-853

through

66-3-857

[
25.00
]
100.00

Minor on motorcycle

without helmet

66-7-356

[
300.00
]
375.00

Operation interference

66-7-357

[
50.00
]
125.00

Littering

66-7-364

[
300.00
]
375.00

Improper parking

66-7-349

through

66-7-352

and 66-7-353

[
25.00
]
100.00

Improper parking

66-3-852

[
25.00
]
100.00

Riding in or towing

occupied house trailer

66-7-366

[
25.00
]
100.00

Improper opening of doors

66-7-367

[
25.00
]
100.00

No slow-moving vehicle

emblem or flashing

amber light

66-3-887

[
25.00
]
100.00

Open container-first

violation

66-8-138

[
25.00
]
300.00

Texting while driving-

(1) first violation

66-7-374

[
25.00
]
100.00

(2) second and subsequent

violation

[
50.00
]
125.00

Using a handheld mobile

communication device

while driving a

commercial motor vehicle

66-7-375

(1) first violation

[
25.00
]
250.00

(2) second and subsequent

violation

[
50.00
]
300.00

Improper use of travel lane 66-7-376

[
250.00
]
325.00
.

B. The term "penalty assessment misdemeanor" does
not include a violation that has caused or contributed to the
cause of an accident resulting in injury or death to a person.

C. When an alleged violator of a penalty assessment
misdemeanor elects to accept a notice to appear in lieu of a
notice of penalty assessment, a fine imposed upon later
conviction shall not exceed the penalty assessment established
for the particular penalty assessment misdemeanor and probation
imposed upon a suspended or deferred sentence shall not exceed
ninety days.

D. The penalty assessment for speeding in violation
of Paragraph (5) of Subsection A of Section 66-7-301 NMSA 1978
is twice the penalty assessment established in Subsection A of
this section for the equivalent miles per hour over the speed
limit.

E. Upon a second conviction for operation without a
permit for excessive size or weight pursuant to Section
66-7-413 NMSA 1978, the penalty assessment shall be [
two
hundred fifty dollars ($250)
]
three hundred twenty-five dollars
($325)
. Upon a third or subsequent conviction, the penalty
assessment shall be [
five hundred dollars ($500)
]
five hundred
seventy-five dollars ($575)
.

F. Upon a second conviction for transport of a
reducible load with a permit for excessive size or weight
pursuant to Subsection N of Section 66-7-413 NMSA 1978 more
than six miles from a port-of-entry facility on the border with
Mexico, the penalty assessment shall be [
five hundred dollars
($500)
]
five hundred seventy-five dollars ($575)
. Upon a third
or subsequent conviction, the penalty assessment shall be [
one
thousand dollars ($1,000)
]
one thousand seventy-five dollars
($1,075)
."

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