To identify habitually reckless and negligent drivers, New Mexico keeps track of all traffic convictions using a traffic violation point system. This article explains New Mexico's point system and the consequences of racking up too many points.
The New Mexico Motor Vehicle Division (MVD) assigns a certain number of points for each traffic violation conviction. The number of point generally depends on the seriousness of the violation (see chart below).
Drivers who get too many points face license suspension. However, points don't stay on your record forever (explained below).
The actions taken by the New Mexico Motor Vehicle Division for point accumulation depend on the number of points the driver has gotten within the last year.
A driver who obtains six points within a year will usually receive a warning letter outlining the penalties that will result from future traffic violations.
At the time of sentencing, the judge is permitted to order a license suspension of up to three months for drivers with seven to 12 points within the last year. The court forwards the suspension order to the MVD to immediately issue the suspension.
Accumulating 12 points within 12 months will result in a 12-month license suspension. If, at any point, the MVD sees that a driver has accumulated 12 or more points within the last year, it will issue a notice of suspension indicating the suspension start date and right to appeal.
If the driver requests an appeal, the MVD will hold an administrative hearing regarding the validity of the suspension, including a review of the driver's record. However, in most cases, the driver's chances of beating the suspension are slim.
After serving the license suspension, a driver must apply for license reinstatement. This application must include the reinstatement fee and a completion certificate from an approved driver improvement course. The applicant might also be required to retake the written driver's license examination or vision test.
Suspended drivers are allowed to apply for a limited driver's license. This license authorizes operation to and from work or school but only during certain days, certain hours, and at certain locations.
All license points are expunged from the driver's record 12 months after the violation date. New Mexico does not permit the reduction of points by taking the driver improvement course, but some courts will offer a dismissal of the traffic offense if the driver completes a driver improvement course, which in turn prevents point assessment.
The following is a list of some of the most common traffic violations and associated points.
Violation |
Points Assessed |
Speeding 26 or more miles per hour over the limit (certain circumstances) |
8 |
6 |
|
6 |
|
6 |
|
Speeding 16 to 25 miles per hour over limit (certain circumstances) |
5 |
4 |
|
Careless driving |
3 |
3 |
|
3 |
|
Improper turn |
3 |
Improper passing |
3 |
Left of center |
3 |
Speeding 6 to 15 miles per hour over limit |
3 |
Defective equipment |
2 |
Failure to signal |
2 |
2 |
|
Seatbelt violation |
2 |
Overloaded vehicle |
2 |
Certain violations, such as speeding on rural roads, do not result in a point assessment.