New Mexico Traffic Violation Records

Traffic violation records in New Mexico are documentation detailing instances where individuals have been cited for violating the state's motor vehicle laws and the actions taken against them. These records are maintained primarily by the New Mexico Motor Vehicle Division (MVD) and are also handled by the state's court system, particularly when violations lead to legal proceedings. Among the most common infractions recorded are speeding violations. About 8.8% of drivers in New Mexico have a speeding violation on their driving record.

New Mexico uses a traffic violation point system to track driver infractions, including speeding. Accumulating 12 or more points within a year may result in a license suspension for up to 12 months, depending on the number and severity of the offenses.

Are Traffic Violations Records Public in New Mexico?

Traffic violation records in New Mexico are generally considered public records, following the New Mexico Inspection of Public Records Act (IPRA). This law gives the public the right to access records maintained by government entities, including those related to traffic tickets, citations, and traffic court proceedings. However, access to personally identifiable information is restricted under federal and state privacy laws, such as the Federal Driver's Privacy Protection Act (DPPA).

Under the DPPA, the New Mexico Motor Vehicle Division (MVD) is required to protect the confidentiality of personal information contained in driving records. This includes names, addresses, Social Security numbers, and medical information, which may only be released under specific, legally defined circumstances, such as for use by law enforcement, insurance companies, or with the driver's written consent.

Traffic-related records maintained by the New Mexico courts are also generally accessible to the public unless they have been sealed by court order. Infractions such as traffic misdemeanors and felonies, including reckless driving or DUI, are typically handled in magistrate, municipal, or district courts, depending on the location and severity of the offense.

How To Look Up Traffic Tickets in New Mexico?

You may look up traffic ticket information in New Mexico in the following ways:

• Municipal and Magistrate Court website search: For tickets handled by the municipal or magistrate court, these courts typically provide online search tools on their websites for users to search traffic ticket information. For instance, the Albuquerque municipal court provides an online search tool for users to find information online for traffic tickets handled by the court. To search, users need to enter their citation number and date of birth, Social Security number and date of birth, or driver's license information.
• New Mexico Courts - Case Lookup: If your ticket requires a court appearance, you may use the New Mexico Courts' Case Lookup tool. With the tool, you may perform a search using the name, driver's license number, or case number to find details about the ticket.
• You may also check traffic ticket information through third-party websites. These services, such as PublicRecords.us, gather data from various official public record sources into searchable online databases accessible to the general public.

Where Do I Pay Traffic Violations?

Traffic violation fines in New Mexico may be paid through the following options:

• Online: You may pay traffic fines online via the following methods:
• New Mexico Courts' Public Access with Electronic Payment of Fines and Fees: This portal requires users to provide their citation number before payment may be made.
• Local Court Websites: Several local courts have online payment options on their website, allowing users to complete traffic fine payments. For instance, Roswell and Portales municipal courts partner with CitePayUSA to receive traffic fine payments online.
• New Mexico MVD eServices Portal: If your ticket has the "penalty assessment" box checked, while the "ordinance" checkbox is unchecked, you may use the citation payment service on the MVD portal to complete the payment. You will need an email address, date of birth, driver's license number or mailing address, citation number, and a valid credit card or checking account to make a payment.
• Mail Payment: You may send your payment, usually by check or money order, to the address provided on your citation. Your citation number will be required on the payment.
• In-Person Payment: Traffic fines may also be paid directly at the court clerk's office indicated on your ticket. Accepted payment methods typically include cash, credit or debit card, money order, or certified check.

How Much Does It Cost To Request Your Driving Records Online?

The New Mexico Motor Vehicle Division issues a non-certified driver record and a certified driver record for $6.63 and $9.99, respectively. Requests may be submitted online via the MVD portal. To complete a request on the portal, you will need a credit card (MasterCard, Visa, Discover, and American Express), your driver's license number, your date of birth, and the last four digits of your Social Security number, and a valid email.

Driver records issued by the New Mexico MVD contain driving record history for the last three years and details such as license status and history, convictions and violations, accidents, administrative actions, and CDL-specific data for commercial drivers.

What Are Moving and Non-Moving Violations in New Mexico?

Moving violations are offenses occurring while a vehicle is in motion, while non-moving violations are offenses related to a stationary vehicle or violations of New Mexico administrative vehicle laws. Common examples in New Mexico include:

• Speeding
• Reckless or careless driving
• Running a red light or stop sign
• Driving under the influence (DWI)
• Improper lane changes
• Failure to yield the right-of-way
• Following too closely

Examples of non-moving violations include the following:

• Expired vehicle registration or inspection
• Parking violations
• Driving without valid insurance or proof of financial responsibility
• Failure to carry a driver's license

The penalties for moving violations are more serious than those stipulated for non-moving violations. Penalties for moving violations include fines ranging up to several hundred dollars, points added to the driver's record, driver's license suspension or revocation for accumulating 12 or more points within 12 months, jail time for serious offenses such as DWI, and increased insurance premiums.

For non-moving violations, no demerit points are added to violators' records. Also, while fines may apply, they are typically lower than moving penalty fines. Other common penalties for non-moving violations include vehicle immobilization or impoundment, and administrative fees or reinstatement charges.

How Long Does DWI Stay on Your Record in New Mexico?

A DWI conviction in New Mexico remains on your driving record for 55 years. You are considered to violate New Mexico's DWI laws if you operate a vehicle with a blood or breath alcohol concentration (BAC) of 0.08% or higher, or if you are impaired by alcohol or drugs to the extent that it affects your ability to drive safely.

Although the state stipulates severe penalties for drunk driving, New Mexico still records high drunk-driving road fatalities. With about 345 DWI arrests and 10 DWI road fatalities per 100,000 drivers, the state ranks in the top five for states with the highest rates of drunk driving-related deaths in the United States.

The following are the penalties for DWI in New Mexico:

• First Offense (Misdemeanor)
• Jail Time: Up to 90 days
• Fines: Up to $500
• License Revocation: 1 year
• Mandatory Requirements:
• Installation of an Ignition Interlock Device (IID) for 1 year
• Completion of DWI school
• Alcohol screening and any recommended treatment
• 24 hours of community service
• Attendance at a Victim Impact Panel
• Second Offense (Misdemeanor)
• Jail Time: 96 hours to 364 days
• Fines: $500 to $1,000
• License Revocation: 2 years
• Mandatory Requirements:
• Installation of an IID for 2 years
• Completion of alcohol screening and any recommended treatment
• 48 hours of community service
• Probation for 1 to 5 years
• Third Offense
• Jail Time: Minimum of 30 days, up to 364 days
• Fines: $750 to $1,000
• License Revocation: 3 years
• Mandatory Requirements:
• Installation of an IID for 3 years
• Completion of alcohol screening and any recommended treatment
• 96 hours of community service
• Probation for 1 to 5 years
• Fourth Offense (Felony)
• Jail Time: 6 to 18 months
• Fines: Up to $5,000
• License Revocation: Lifetime (with possible conditional reinstatement after 5 years)
• Mandatory Requirements:
• Lifetime installation of an IID (with possible removal upon court approval)
• Completion of alcohol screening and any recommended treatment

What Are the Penalties for Breaking the Speed Limit in New Mexico?

Per NM Stat § 66-7-301, the following are the speed limits in the state:

• 15 mph when passing a school during designated times.
• 30 mph in business or residential districts.
• 55 mph on county roads without a posted speed limit.
• 75 mph on other highways, including rural interstates

Although traveling over these limits attracts fines, the exact fee depends on how much a driver exceeds the posted limit. The fine schedule is as follows:

• 1-10 mph over: $15 fine
• 11-15 mph over: $30 fine
• 16-20 mph over: $65 fine
• 21-25 mph over: $100 fine
• 26-30 mph over: $125 fine
• 31-35 mph over: $150 fine
• More than 35 mph over: $200 fine

Note that additional court costs and fees may apply, and fines may be doubled in construction zones or designated safety corridors. Also, the state employs a point system to monitor driving violations. Points are added to a driver's record upon conviction of certain offenses:

• 6-15 mph over the speed limit: 3 points
• 16-25 mph over the speed limit: 5 points
• 26+ mph over the speed limit: 8 points

Accumulating points may lead to license suspension:

• 7-10 points within 12 months: License may be suspended for up to 3 months
• 12 or more points within 12 months: Mandatory 12-month license suspension

How Long Does a Speeding Ticket Stay on Your Record in New Mexico?

Traffic violation points remain on your driving record in New Mexico for one year from the date of the offense. After 12 months, the points are automatically erased.

How to Appeal A Traffic Ticket?

You may fight a New Mexico traffic ticket in the following ways:

• Faulty or Inaccurate Speed Measurement: You may challenge how your speed was measured. If the officer used radar, LIDAR, or pacing, and the device was not recently calibrated or properly operated, the evidence may be ruled unreliable. Requesting calibration records or the officer's training documentation may support this defense.
• Lack of Proper Signage: You may argue that speed limit or traffic control signs were missing, obscured, or not clearly visible where the violation allegedly occurred. New Mexico law requires proper signage to enforce speed limits, if it is not visible, enforcement may not be valid.
• Mistaken Identity or Vehicle: You may claim that your vehicle was confused with another similar one. This may happen in cases involving multiple vehicles in close proximity or poor visibility. Dashcam footage, witness statements, or GPS logs may help prove your case.
• Necessity or Emergency Situation: If you were speeding or violating traffic rules to prevent greater harm, such as transporting someone in a medical emergency or avoiding a road hazard, you may use this as a necessity defense.
• Incomplete or Incorrect Ticket Information: Tickets containing wrong information, such as the incorrect make or model of the vehicle, license number, location, or date, may be dismissed. While minor errors do not always invalidate a ticket, significant inaccuracies may weaken the prosecution's case.

You should consider hiring a traffic attorney to represent you in court if you face serious charges like DWI, reckless driving, excessive speeding, or multiple violations that may lead to license suspension or hefty fines. An attorney may help reduce potential penalties, helping you obtain a more favorable outcome in the process.

How To Resolve an Out-of-State Traffic Ticket?

New Mexico is a participating member of the Driver License Compact (DLC), a nationwide agreement among most U.S. states that allows for the sharing of driver conviction information, including traffic violations. This means if you receive a traffic ticket in another DLC member state, New Mexico's Motor Vehicle Division (MVD) will be notified, and the violation may be added to your New Mexico driving record.

New Mexico also participates in the Non-Resident Violator Compact (NRVC). Under this compact, if you are ticketed in another NRVC member state and fail to pay or respond, that state will notify the New Mexico MVD. The MVD may then suspend your New Mexico driver's license until the out-of-state ticket is resolved.

If you receive a traffic citation in another state, you may challenge it by following these steps:

• Contact the Court Listed on the Ticket: Contact the court that issued the citation as soon as possible. Inform them that you intend to contest the ticket and ask whether they allow remote hearings or require in-person appearances.
• Gather Supporting Evidence: Collect any documents or information that supports your defense. This may include photos of road conditions or signage, GPS logs, witness statements, or maintenance records for radar or LIDAR devices used in your citation.
• Hire a Local Attorney: Consider hiring an attorney in the state where the ticket was issued, especially for serious violations. An experienced lawyer will know the local traffic laws and can appear on your behalf in court, potentially saving you the cost and time of travel.

How Do New Mexico Traffic Laws Differ From Other States?

Some differences exist in traffic laws for states in the United States. New Mexico has the following unique traffic laws:

• New Mexico recognizes pacing (an officer following a vehicle and matching its speed) as a valid method for issuing speeding tickets. Some states rely on radar or LIDAR only, but in New Mexico, pacing, when done correctly, is admissible in court.
• New Mexico is one of the first states to mandate ignition interlock devices for all DUI offenders, even first-time offenders.
• The state has designated "safety corridors" on certain highways where traffic fines are doubled.
• New Mexico prohibits handheld phone use while driving, requiring hands-free devices.
• Unlike some states, New Mexico enforces specific roundabout yielding laws, requiring drivers entering a roundabout to yield to those already inside.