If you are convicted of a traffic violation in criminal court, your driver’s license may be at risk of suspension through the New Mexico Motor Vehicle Division (MVD). Once a conviction occurs, state law mandates that the court must send an abstract of record to the MVD within ten (10) days. This document contains key details about your citation, including:

• The traffic offense charged.
• The offense you pleaded to or were found guilty of in court.
• The sentence imposed by the court.

Once the MVD receives the abstract, they will assess the appropriate number of points against your driving record, which may lead to further penalties.

Certain traffic offenses in New Mexico fall under the Penalty Assessment Program, which means they do not require a court appearance. If you are cited for a traffic offense categorized as a penalty assessment, it is essential to recognize that accepting the assessment is often a final decision. Doing so may forfeit your ability to contest the citation in court at a later date.

Many individuals are unaware of the full consequences when they accept a penalty assessment on the roadside. Consulting with a traffic offense attorney before making a decision can help you understand your rights and options.

The MVD uses a point system to monitor traffic violations. The number of points accumulated within a one-year period determines the severity of potential penalties:

• Upon an accumulation of at least six (6) points on your driving record within a one (1) year period, the MVD may warn you of the possibility of the suspension of the driver’s license for up to a three (3) month period.
• Upon an accumulation of at least seven (7) to ten (10) points on your driving record within a one (1) year period, a municipal, metropolitan, or magistrate court judge may recommend that your license be suspended for up to three (3) months. If such a recommendation is made, the MVD will automatically suspend your license for the recommended time, “not to exceed three (3) months.”
• Upon the accumulation of at least twelve (12) points within a one (1) year period, your license will be suspended for a period of twelve (12) months.

Not all traffic violations result in points on your record, but many do. Below are examples of violations and the corresponding points that the MVD may assess:

• Seatbelt Violation – 2 Points
• Failure to Signal – 2 Points
• Speeding (6-15 MPH over) – 3 Points
• Improper Turn or Passing – 3 Points
• Following Too Closely – 3 Points
• Failure to Yield – 3 Points
• Careless Driving – 3 Points
• Failure to yield to emergency vehicle – 4 points
• Speeding (16-25 MPH over) – 5 Points
• Racing – 6 Points
• Reckless Driving – 6 Points
• Speeding (26+ MPH over) – 8 Points