New Mexico Traffic Violations

Traffic violations are offenses that are committed while driving a motor vehicle. Depending on the behavior and injury, they can vary from penalty-assessment misdemeanors (often referred to as "infractions" in other states) to misdemeanors and felonies in New Mexico.

Knowing how New Mexico handles traffic infractions civically (safe roads), legally (danger of penalties, license points, or jail), and financially (insurance surcharges, reinstatement costs) can help you avoid such issues.

What Is a Traffic Violation in New Mexico?

While more serious behavior (such as reckless driving or DWI) involves criminal consequences and possible jail time, many moving violations are classified as penalty-assessment misdemeanors under the Motor Vehicle Code, with fixed fine amounts.

NMSA 1978, § 66-8-116 (together with related sections 66-8-116.1/-116.2) lists penalty-assessment violations and the "schedule of assessments." The Motor Vehicle Division is responsible for publishing the most recent schedule.

Types of Traffic Violations in New Mexico

Under New Mexico law, drivers may be cited for several types of traffic violations, such as:

• Speeding: New Mexico's speed laws set baseline standards, such as 30 mph in residential and business areas and a maximum of 75 mph on highways. These laws compel drivers to adapt to changing conditions. There could be multiple evaluations for speeding in a work zone.
• Running a red light/stop sign, or ignoring signals: All New Mexico drivers are required to obey official traffic control devices.
• Driving without insurance/financial responsibility: The Mandatory Financial Responsibility Act is broken when an uninsured vehicle is driven or permitted to be driven.
• Reckless driving: A first conviction for "willful or wanton disregard" putting people or property in danger carries a sentence of five to ninety days in jail and/or a fine; subsequent offenses carry harsher penalties.
• Hit and run (leaving the scene): Following a collision, drivers have obligations including stopping, communicating, and providing assistance; striking unattended vehicles also triggers duties.
• Failure to yield/right-of-way: These include emergency vehicles.
• Distracted driving: All drivers in the state are barred from texting while driving, and drivers of commercial motor vehicles are prohibited from using handheld devices. By local ordinance, many localities (including Santa Fe and Albuquerque) also forbid drivers from using portable phones.
• DWI (driving while intoxicated): "Aggravated" DWI involves > 0.16 BAC or injury; the per se limitations are ≥ 0.08 BAC for non-CMV and ≥ 0.04 for CMV. DWI is a crime if it occurs for the fourth or subsequent time; convicted offenders must have an ignition interlock.

Traffic Violation Penalties in New Mexico

Under § 66-8-116, the majority of common moving infractions are subject to preset assessments (with special regulations for speeding and certain commercial/oversize penalties). The current dollar amounts are combined in the MVD's timetable.

New Mexico uses a point system administered by MVD regulations.

• 7–10 points in 12 months: MVD may suspend up to 3 months upon a judge’s recommendation.
• 12+ points in 12 months: There is a mandatory 12-month suspension.
• Point life: Points drop off 12 months after the violation date.

Conviction for reckless driving carries a mandatory minimum jail sentence of five days for a first offense and more severe penalties for repeat offenders. DWI could also lead to increased incarceration, ignition-interlock, and license revocation, including a year for the first court-ordered revocation, two years for the second, three years for the third, and a lifetime for the fourth and after.

Proof of financial responsibility is legally required to operate a car, and convictions and points usually result in higher premiums.

Local ordinances in Albuquerque and Santa Fe enforce handheld restrictions, with their own fine schedules. The state also has some texting legislation that is a penalty-assessment misdemeanor, with statutory first and subsequent fines.

How to Search for Traffic Violation Records in New Mexico

Court case information (tickets and dockets)

• To search the statewide case registries (District, Magistrate, Metropolitan, and some Municipal) by name or case/citation number, you can use the New Mexico Courts Case Lookup. Note: Case Lookup shows docket information and events but does not provide documents (images).
• Use the judiciary's Fines & Fees service to pay fines and fees online for a variety of courts.
• Many Municipal Court records are not fully included in statewide Case Lookup, particularly non-DWI traffic. Other than the presence of specific domestic-violence and historic municipal DWI records, you might need to get in touch with the municipal court personally.

Driving history (MVD)

• Request a Driver History Record online from MVD (typically a 3-year history copy for consumer access). For broader access (e.g., entities), MVD provides separate credentialing; records access can also be requested via theInspection of Public Records Act (IPRA).

MVD driver histories include moving infractions, points, suspensions/revocations, and compliance remarks for the covered time. A court lookup will display the case number, charge(s), outcome, and important docket dates.

How Long Do Traffic Violations Stay on Record in New Mexico?

After a year from the date of the violation, points are removed (but the underlying conviction is still listed on the case docket).

DWI convictions have special longevity. On the driving record, DWI is retained for 55 years under state records-retention rules. This is reflected in official materials and safety-program publications. Court-ordered DWI license-revocation periods escalate up to a lifetime for a fourth or subsequent offense.

New Mexico’s Criminal Record Expungement Act permits expungement of some criminal records after waiting periods, but DWI convictions are generally not expungeable; routine traffic infractions are not typically the subject of criminal-record expungements.