City of Española, NM Uniform Traffic Ordinance

[Added 2-24-2015 by Ord. No. 2015-01; amended 11-12-2019 by Ord. No. 2019-07; 11-12-2019 by Ord. No. 2019-08]

This section may be cited as the City of Española Penalty Assessment Program.

Penalty assessment misdemeanors.

As used in the New Mexico Uniform Traffic Ordinance adopted by the City of Española, New Mexico, "penalty assessment misdemeanor" means violation of the following listed sections of the New Mexico Uniform Traffic Ordinance, for which the listed penalty assessment is established:

Common Name of Offense	Section Violated	Penalty Assessment
Pedestrian control signals	12-5-7	$25
Flashing signals	12-5-8	$25
Display of unauthorized signs, signals or markings	12-5-10	$25
Speed regulations	12-6-1
(1) Up to and including 10 miles an hour over speed limit		$25
(2) From 11 up to and including 15 miles an hour over speed limit		$30
(3) From 16 up to and including 20 miles an hour over speed limit		$65
(4) From 21 up to and including 25 miles an hour over speed limit		$100
(5) From 26 up to and including 30 miles an hour over the speed limit		$125
(6) From 31 up to and including 35 miles an hour over the speed limit		$150
(7) More than 35 miles an hour over the speed limit		$200
Minimum speed regulations	12-6-1.5	$25
Overtaking a vehicle on the left	12-6-2.3	$10
Limitations on overtaking on the left	12-6-2.4	$10
No passing zones and restrictions on passing	12-6-2.7	$25
Following too closely	12-6-2.13	$25
Driving on divided streets	12-6-2.14	$25
Vehicle approaching or entering intersection	12-6-4.1	$25
Vehicles turning left at intersection	12-6-4.2	$25
Vehicle entering stop or yield intersection	12-6-4.3	$25
Limitations on turning around	12-6-5.5	$10
Starting parked vehicle	12-6-5.7	$10
Turning and stopping movements and required signals	12-6-5.8	$25
Stopping, standing and parking	12-6-6	$25
Special stops required	12-6-7	$25
Stopping for school bus	12-6-7.3	$100
Operators and chauffeurs must be licensed	12-6-12.5	$25
Limitations on backing	12-6-12.9	$25
Restriction on use of video in motor vehicles	12-6-12.11	$25
Coasting prohibited	12-6-12.12	$25
Destructive or injurious material on roadway	12-6-13.5	$100
Animals on street	12-6-13.10	$25
Driving on mountain streets	12-6-13.11	$25
Child not in restraint device or safety belt	12-6-13.12	$25
Mandatory use of seat belts	12-6-13.13	$25
Possession or consumption of alcoholic beverages in open containers - first offense	12-6-13.14	$25
Littering	12-6-13.15	$50
Pedestrian violation	12-6-14	$25
Pedestrians right-of-way in crosswalks	12-6-14.2	$25
Pedestrians to use right half of sidewalk	12-6-14.3	$25
Crossing at other than crosswalks	12-6-14.4	$25
Pedestrians on streets	12-6-14.5	$25
Drivers to exercise due care	12-6-14.8	$25
Parking in designated disabled parking spaces	12-9-9	$250 to $500
Prohibited acts	12-10-1.1	$25
When lighted lamps are required	12-10-1.3	$25
Headlamps on vehicles	12-10-1.5	$25
Dimming of lights	12-10-1.6	$10
Tail lamps	12-10-1.7	$25
Vehicles to be equipped with reflectors	12-10-1.8	$25
Mufflers, prevention of noise	12-10-1.10	$10
Lamp or flag on projecting load	12-10-1.11	$10
Windshield must be unobstructed and equipped with wipers; windows must be transparent; exceptions	12-10-1.12	$25
Sun screening materials on windshields and windows; requirements; violations; penalty	12-10-1.12A	$25
Display of current valid registration plate	12-10-4	$25
Evidence of registration to be signed and exhibited on demand	12-10-5	$10
Vehicle subject to registration		$50
Driving while license administratively suspended		$25

(2)

The term "penalty assessment misdemeanor" does not include any violation which has caused or contributed to the cause of an accident resulting in injury or death to any person.

(3)

When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor and no probation imposed upon a suspended or deferred sentence shall exceed 90 days.

(4)

The penalty assessment for speeding in violation of Section 12-6-1.2(4) of the Uniform Traffic Ordinance is twice the penalty assessment established in Subsection B(1) of this section for the equivalent miles per hour over the speed limit.

(5)

In addition to the penalty assessment established for each penalty assessment misdemeanor pursuant to this section, there shall be assessed the following fees for each penalty assessment misdemeanor: a $20 corrections fee; a $6 court automation fee; and a $3 judicial education fee.

Penalty assessment misdemeanors; option; effect.

(1)

Unless a warning notice is given, at the time of making an arrest for any penalty assessment misdemeanor, the arresting officer shall offer the alleged violator the option of accepting a penalty assessment. The violator's signature on the penalty assessment notice constitutes an acknowledgement of guilt of the offense stated in the notice, and payment of the prescribed penalty assessment is a complete satisfaction of the violation.

(2)

Payment of any penalty assessment must be made by mail to the Municipal Court, Traffic Violations Bureau, City of Española, New Mexico, within 30 days from the date of arrest. Payments of penalty assessments are timely if postmarked within the time limits set from the date of arrest. The Traffic Violations Bureau shall issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received is sufficient receipt.

(3)

No record of any penalty assessment payment is admissible as evidence in any court in any civil action.

Failure to pay penalty assessment.

(1)

If a penalty assessment is not paid within 30 days from the date of arrest, the violator shall be prosecuted for the violation charged on the penalty assessment notice in a manner as if the penalty assessment notice had not been issued. Upon conviction in such prosecution, the court shall impose penalties as provided by the New Mexico Uniform Traffic Ordinance (Section 12-12-1.1), or other law relating to motor vehicles for the particular offense charged, and the scheduled penalty assessments shall not apply.

(2)

In addition to the prosecution provided for in Subsection D(1), it is a misdemeanor for any person who has elected to pay a penalty assessment to fail to do so within 30 days from the date of arrest.

(3)

The Office of the Municipal Court shall notify the Motor Vehicle Division of the State of New Mexico when a person fails to pay a penalty assessment within the required period of time. The Motor Vehicle Division shall report the notice upon the driver's record and shall not renew the person's license to drive until the Municipal Court notifies the Motor Vehicle Division that the penalty assessment, or its equivalent, as well as any additional penalties imposed are properly disposed of.