N.M. Stat. » Chapter 66 — Motor Vehicles
New Mexico Statutes

N.M. Stat. § 66-8-7 (2026)

Penalty for misdemeanor

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A. It is a misdemeanor for any person to violate any provision of the Motor Vehicle Code [66-1-1 NMSA 1978] 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) or by imprisonment for not more than ninety days or both.

History: 1953 Comp., § 64-8-7, enacted by Laws 1978, ch. 35, § 505; 1989, ch. 320, § 3.

ANNOTATIONS

Cross references. — For the general sentence for a misdemeanor, see 30-1-6 NMSA 1978.

The 1989 amendment, effective July 1, 1989, in Subsection B, substituted "three hundred dollars ($300)" for "one hundred dollars ($100)". The court does not have jurisdiction to require a defendant, as part of his sentence, to perform community service, write a letter of apology to the victim’s family and pay restitution. State v. Gallegos, 2007-NMCA-112, 142 N.M. 447, 166 P.3d 1101, cert. denied, 2007-NMCERT-006, 142 N.M. 15, 162 P.3d 170.

Illegal sentence. — Sentence of 364 days for driving without a valid driver's license was illegal and void. State v. Ingram, 1998-NMCA-177, 126 N.M. 426, 970 P.2d 1151, cert. denied, 126 N.M. 533, 972 P.2d 352.

Applicability of Section 31-18-13 NMSA 1978. — Subsection B is governed by the provisions of Section 31-18-13D NMSA 1978. The violation is not declared to be a felony. Since it is not declared to be a felony and is not punishable by a specified sentence, Section 31-18-13D NMSA 1978 applies. State v. Mendoza, 1993-NMCA-027, 115 N.M. 772, 858 P.2d 860, cert. denied sub nom., Jaramillo v. State, 115 N.M. 359, 857 P.2d 481.

Warrantless home arrest not merited. — The minor offenses of careless driving and leaving the scene of an accident do not merit the extraordinary recourse of warrantless home arrest. Howard v. Dickerson, 34 F.3d 978 (10th Cir. 1994).

Misdemeanor classification of violation not repugnant to provision's authorized imprisonment. — Although as amended, Section 64-10-7, 1953 Comp. (similar to this section), classifies a violation of Section 64-10-1, 1953 Comp. (similar to Section 66-8-1 NMSA 1978), as a misdemeanor, this classification is not repugnant to the imprisonment authorized by Section 64-10-1, 1953 Comp. Section 64-10-7, 1953 Comp., as amended, recognizes that a penalty for a misdemeanor violation may be specified that differs from the general misdemeanor penalty. Rather than being repugnant, Section 64-10-7, 1953 Comp., as amended, is reconcilable with Section 64- 10-1, 1953 Comp. The doctrine of repeal by implication is not applicable. State v. Sawyers, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.

Since imprisonment provision allowed exception to general misdemeanor sentence. — By Section 64-10-7, 1953 Comp. (similar to this section), a person convicted of a misdemeanor for violation of the Motor Vehicle Code is to be punished by a fine of not more than $100, imprisonment for not more than 90 days or both, "unless another penalty is specified in the Motor Vehicle Code." The amendment thus recognized that other penalties may be specified. Section 64-10-1, 1953 Comp. (similar to Section 66-8-1 NMSA 1978), specifies such a penalty. It authorizes imprisonment for not more than one year. State v. Sawyers, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.

Legislative history of section. State v. Barela, 1980-NMCA-092, 95 N.M. 349, 622 P.2d 254, overruled on other grounds by State v. Yazzie, 1993-NMCA-101, 116 N.M. 83, 860 P.2d 213. Injunction inappropriate penalty. — When defendant was convicted of numerous violations of the Motor Vehicle Code and the court issued an injunction prohibiting defendant from operating his vehicle until he satisfied the licensing and registration requirements of the Motor Vehicle Code, the injunction exceeded the court's authority, since the legislature has not authorized courts to issue injunctions as an additional means of enforcing the code. State v. Bailey, 1994-NMCA-107, 118 N.M. 466, 882 P.2d 57, cert. denied, 118 N.M. 256, 880 P.2d 867.

Administrative penalties not "another penalty". — When Section 64-10-7, 1953 Comp. (similar to this section), speaks of "another penalty," it means another penalty for the criminal act. Such a penalty must be either a term of imprisonment or a fine payable into the current school fund. The administrative penalties of Section 64-3-14, 1953 Comp., (similar to Section 66-3-19 NMSA 1978), do not meet this test. 1961 Op. Att'y Gen. No. 61-72.

Criminal penalties not exclusion of imposition of administrative penalties. — The criminal penalties prescribed by Section 64-10-7, 1953 Comp. (similar to this section), do not exclude imposition of the administrative penalties prescribed by Section 64-3-14, 1953 Comp. (similar to Section 66-3-19 NMSA 1978). 1961 Op. Att'y Gen. No. 61-72.

Motor vehicle misdemeanor may involve jury trial. — Persons charged with offenses classified as misdemeanors under the Motor Vehicle Code may under Rule 6-602 demand a jury trial but are not afforded one as a matter of right. 1979 Op. Att'y Gen. No. 79-17.

Magistrate may order restitution. — The magistrate may, as part of its sentencing power, order a Criminal Code or Motor Vehicle Code violator to make restitution. 1979 Op. Att'y Gen. No. 79-18.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A C.J.S. Motor Vehicles § 594.

What constitutes "minor traffic infraction" excludable from calculation of defendant’s criminal history under United States Sentencing Guidelines § 4A1.2(c)(2). 113 A.L.R. Fed 561.

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1981–2024 · leading case: State v. Barela, 622 P.2d 254 (N.M. Ct. App. 1981).
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State v. Barela, 622 P.2d 254 (N.M. Ct. App. 1981). · cites it 28× “Pertinent to defendant's contentions are two penalty provisions, §§ 66-8-7 and 66-8-9, N.M.S.A. 1978. They read: 66-8-7.”
State v. Trevizo, 2011-NMCA-069, 257 P.3d 978. · cites it 10× “in a place other than prison.” Black’s Law Dictionary 1089 (9th ed. 2009) (emphasis added).”
Inc. Cnty. of Los Alamos v. Johnson, 776 P.2d 1252 (N.M. 1989). · cites it 6× “§ 66-8-7 (Repl.Pamp. 1987) and § 66-8-102 (Supp.”
United States v. Reyes-Vencomo, 866 F. Supp. 2d 1304 (D.N.M. 2012). · cites it 7× “1978, § 66-8-7). It asserted that Reyes-Vencomo has cited State v.”
State v. Vandenberg, 2002-NMCA-066, 48 P.3d 92. · cites it 4× “NMSA 1978, § 66-8-7(A) (1978) declares that "[i]t is a misdemeanor for any person to violate any provision of the Motor Vehicle Code .”
State v. Mendoza, 858 P.2d 860 (N.M. Ct. App. 1993). · cites it 14× “The sole issue on appeal is whether NMSA 1978, Section 66-8-7(B) (Cum.Supp.1992), prescribed a minimum term of imprisonment which should have been imposed as the proper sentence pursuant to the requirements of NMSA 1978, Section 31-18-13(B) (Repl.”
State v. Ingram, 1998-NMCA-177, 970 P.2d 1151. · cites it 4× “{19} Defendant pleaded guilty to the charge of driving without a valid license under NMSA 1978, § 66-5-2(A) (1989).”
State v. Russell, 823 P.2d 921 (N.M. Ct. App. 1991). · cites it 6× “See NMSA 1978, § 66-8-7(A) (Cum. Supp. 1990).”
State v. Gallegos, 2007-NMCA-112, 166 P.3d 1101. · cites it 2× “See NMSA 1978, § 66-8-7(B) (1989) (authorizing a maximum sentence of ninety days imprisonment and a $300 fine).”
State v. Marquez, 2008-NMSC-055, 193 P.3d 548. · cites it 2× “NMSA 1978, § 66-8-7(A) (1989). Section 66-8-123(A) gave the officer the authority to arrest Defendant by pulling him over and issuing a citation for the alleged violations.”
State v. Greyeyes, 734 P.2d 789 (N.M. Ct. App. 1987). · cites it 2× “PRELIMINARY HEARING Defendant also contends that under N.M. Const. art.”
State v. Bailey, 882 P.2d 57 (N.M. Ct. App. 1994). · cites it 2× “See NMSA 1978, § 66-8-7 (Cum.Supp.1993). The legislature does not authorize courts to issue injunctions as an additional means of enforcing the Code.”
Show all 21 citing cases →
N.M. Stat. § 66-8-7(A): 8 cases
State v. Trevizo, 2011-NMCA-069, 257 P.3d 978. “in a place other than prison.” Black’s Law Dictionary 1089 (9th ed. 2009) (emphasis added).”
State v. Vandenberg, 2002-NMCA-066, 48 P.3d 92. “NMSA 1978, § 66-8-7(A) (1978) declares that "[i]t is a misdemeanor for any person to violate any provision of the Motor Vehicle Code .”
State v. Marquez, 2008-NMSC-055, 193 P.3d 548. “NMSA 1978, § 66-8-7(A) (1989). Section 66-8-123(A) gave the officer the authority to arrest Defendant by pulling him over and issuing a citation for the alleged violations.”
State v. Russell, 823 P.2d 921 (N.M. Ct. App. 1991). “See NMSA 1978, § 66-8-7(A) (Cum. Supp. 1990).”
United States v. Reyes-Vencomo, 866 F. Supp. 2d 1304 (D.N.M. 2012). “1978, § 66-8-7). It asserted that Reyes-Vencomo has cited State v.”
N.M. Stat. § 66-8-7(B): 8 cases
State v. Mendoza, 858 P.2d 860 (N.M. Ct. App. 1993). “The sole issue on appeal is whether NMSA 1978, Section 66-8-7(B) (Cum.Supp.1992), prescribed a minimum term of imprisonment which should have been imposed as the proper sentence pursuant to the requirements of NMSA 1978, Section 31-18-13(B) (Repl.”
State v. Gallegos, 2007-NMCA-112, 166 P.3d 1101. “See NMSA 1978, § 66-8-7(B) (1989) (authorizing a maximum sentence of ninety days imprisonment and a $300 fine).”
State v. Trevizo, 2011-NMCA-069, 257 P.3d 978. “in a place other than prison.” Black’s Law Dictionary 1089 (9th ed. 2009) (emphasis added).”
State v. Barela, 622 P.2d 254 (N.M. Ct. App. 1981). “Pertinent to defendant's contentions are two penalty provisions, §§ 66-8-7 and 66-8-9, N.M.S.A. 1978. They read: 66-8-7.”
State v. Russell, 823 P.2d 921 (N.M. Ct. App. 1991). “See NMSA 1978, § 66-8-7(A) (Cum. Supp. 1990).”
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