A. The division shall immediately revoke the driving privilege or driver’s license of a driver upon receiving a record of the driver’s adjudication as a delinquent for or conviction of any of the following offenses, whether the offense is under any state law or local ordinance, when the conviction or adjudication has become final:

Terms Used In New Mexico Statutes 66-5-29

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Oath: A promise to tell the truth.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

(1)     manslaughter or negligent homicide resulting from the operation of a motor vehicle;

(2)     any offense rendering a person a “first offender” as defined in the Motor

Vehicle Code [66-1-1 N.M. Stat. Ann.];

(3)     any offense rendering a person a “subsequent offender” as defined in the Motor Vehicle Code;

(4)     any felony in the commission of which a motor vehicle is used;

(5)     failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;

(6)     perjury or the making of a false affidavit or statement under oath to the division under the Motor Vehicle Code or under any other law relating to the ownership or operation of motor vehicles; or

(7)     conviction or forfeiture of bail not vacated upon three charges of reckless driving committed within a period of twelve months.

B. Except as provided in the Ignition Interlock Licensing Act N.M. Stat. Ann. § 66-5-501 to 66-5-504 and in Subsection C, D, E or F of this section, a person whose driving privilege or driver’s license has been revoked under this section shall not be entitled to apply for or receive a new license until one year from the date that the conviction is final and all rights to an appeal have been exhausted.

C. A person who upon adjudication as a delinquent for driving while under the influence of intoxicating liquor or drugs or a conviction pursuant to Section 66-8-102 N.M. Stat. Ann. is subject to revocation of the driving privilege or driver’s license under this section for an offense pursuant to which the person was also subject to revocation of the driving privilege or driver’s license pursuant to Section 66-8-111 N.M. Stat. Ann. shall have the person’s driving privilege or driver’s license revoked for that offense for a combined period of time equal to:

(1)     one year for a first offender; or

(2)     for a subsequent offender:

(a) two years for a second conviction; (b) three years for a third conviction; or

(c) the remainder of the offender’s life for a fourth or subsequent conviction, subject to a five-year review, as provided in Sections 66-5-5 and 66-8-102 N.M. Stat. Ann..

D. The division shall apply the license revocation provisions of Subsection C of this section and the provisions of Subsection D of Section 66-5-5 N.M. Stat. Ann. to a person who was three or more times convicted of driving a motor vehicle under the influence of intoxicating liquor or drugs and who has a driver’s license revocation pursuant to the law in effect prior to June 17, 2005, upon the request of the person and if the person has had an ignition interlock license for three years or more and has proof from the ignition interlock vendor of no violations of the ignition interlock device in the previous six months.

E. Upon receipt of an order from a court pursuant to Section 32A-2-19 N.M. Stat. Ann. or Subsection G of Section 32A-2-22 N.M. Stat. Ann., the division shall revoke the driver’s license or driving privileges for a period of time in accordance with these provisions.

F. Upon receipt from a district court of a record of conviction for the offense of shooting at or from a motor vehicle pursuant to Subsection B of Section 30-3-8 N.M. Stat. Ann. or of a conviction for a conspiracy or an attempt to commit that offense, the division shall revoke the driver’s license or driving privileges of the convicted person. A person whose driver’s license or driving privilege has been revoked pursuant to the provisions of this subsection shall not be entitled to apply for or receive any new driver’s license or driving privilege until one year from the date that the conviction is final and all rights to an appeal have been exhausted.

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