New Mexico Statutes 66-8-101. Homicide by vehicle; great bodily harm by vehicle
A. Homicide by vehicle is the killing of a human being in the unlawful operation of a motor vehicle.
Attorney's Note
Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| second degree felony | up to 9 years | up to $10,000 |
Terms Used In New Mexico Statutes 66-8-101
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
B. Great bodily harm by vehicle is the injuring of a human being, to the extent defined in Section 30-1-12 N.M. Stat. Ann., in the unlawful operation of a motor vehicle.
C. A person who commits homicide by vehicle while under the influence of intoxicating liquor or while under the influence of any drug is guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 N.M. Stat. Ann..
D. A person who commits homicide by vehicle while violating Section 66-8-113 N.M. Stat. Ann. is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 N.M. Stat. Ann., provided that violation of speeding laws as set forth in the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978] shall not per se be a basis for violation of Section 66-8-113 N.M. Stat. Ann..
E. A person who commits great bodily harm by vehicle while under the influence of intoxicating liquor, while under the influence of any drug or while violating Section 66-8- 113 NMSA 1978 is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 N.M. Stat. Ann., provided that violation of speeding laws as set forth in the Motor Vehicle Code shall not per se be a basis for violation of section 66-8-113 N.M. Stat. Ann..
F. A person who commits homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or while under the influence of any drug, as provided in Subsection C or E of this section, and who has incurred a prior DWI conviction within ten years of the occurrence for which the person is being sentenced under this section shall have the person’s basic sentence increased by four years for each prior DWI conviction.
G. For the purposes of this section, “prior DWI conviction” means: (1) a prior conviction under Section 66-8-102 N.M. Stat. Ann.; or
(2) a prior conviction in New Mexico or any other jurisdiction, territory or possession of the United States, including a tribal jurisdiction, when the criminal act is driving under the influence of alcohol or drugs.
H. A person who willfully operates a motor vehicle in violation of Subsection C of Section 30-22-1 N.M. Stat. Ann. and directly or indirectly causes the death of or great bodily harm to a human being is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 N.M. Stat. Ann..