A. Except those expressly exempted from the Motor Vehicle Code, no person shall drive any motor vehicle, neighborhood electric car or moped upon a highway in this state unless the person:

(1) holds a valid license issued under the provisions of the Motor Vehicle Code; and

(2) has surrendered to the division any other license previously issued to the person by this state or by another state or country or has filed an affidavit with the division that the person does not possess such other license; however, the applicant need not surrender a motorcycle license duly obtained under Paragraph (4) of Subsection A of Section 66-5-5 NMSA 1978.

B. Any person licensed under the provisions of the Motor Vehicle Code or expressly exempted from licensure may exercise the privilege granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise the privilege by any county, municipality or any other local body having authority to adopt local police regulations.

C. A person charged with violating the provisions of this section shall not be convicted if the person produces, in court, a driver's license issued to the person that was valid at the time of the person's arrest.

History: 1953 Comp., § 64-5-2, enacted by Laws 1978, ch. 35, § 224; 1981, ch. 361, § 20; 1989, ch. 318, § 13; 2007, ch. 319, § 44; 2013, ch. 204, § 3.

Cross references. — For drivers of off-highway motorcycles not being required to be licensed, see 66-3-1010 NMSA 1978.

For operator of motorized bicycle having valid driver's license in his possession, see 66-3-1101 NMSA 1978.

The 2013 amendment, effective July 1, 2013, provided that a person cited for no driver's license shall not be convicted if the person produces evidence of compliance in court; in Paragraph (2) of Subsection A, after "duly obtained under Paragraph", changed "(3)" to "(4)"; and added Subsection C.

The 2007 amendment, effective June 15, 2007, prohibited a person from driving a neighborhood electric car on a highway unless the person complies with the conditions of this section.

The 1989 amendment, effective July 1, 1989, inserted "or moped" and substituted "this state" for "the state" in the introductory paragraph of Subsection A.

Absence of chauffeur's license unimportant unless truck driver must possess. — Permitting plaintiff in wrongful death action to show that driver did not have a chauffeur's license and submitting to jury question as to whether truck was being operated in violation of law was erroneous in absence of evidence that driver was member of a class of whom such license was required. Downer v. Southern Union Gas Co., 1949-NMSC-045, 53 N.M. 354, 208 P.2d 815.

Illegal sentence. — Sentence of 364 days for driving without a valid driver's license was illegal and void. State v. Ingram, 1998-NMCA-177, 126 N.M. 426, 970 P.2d 1151, cert. denied, 126 N.M. 533, 972 P.2d 352.

Insufficient evidence of driving without a license. — Where child appealed a jury verdict that he committed the delinquent act of driving without a valid driver's license, there was insufficient evidence to support the jury's finding that child committed the delinquent act where the State failed to prove that child did not hold a valid driver's license at the time of driving, and the evidence at trial established only that child did not have a license in his possession at the time of driving. State v. Anthony L., 2019-NMCA-003, cert. denied.

Failure to possess license not ground for involuntary manslaughter conviction. — Failure of accused to have a driver's license was not ground for convicting him of involuntary manslaughter in death of his passenger where absence of license was not causally related to death. State v. Seward, 1942-NMSC-002, 46 N.M. 84, 121 P.2d 145.

Person is not permitted to operate motor vehicle on basis of documents in his or her possession which could, upon performance of a ministerial function by a government official, lead to the issuance of a license. 1980 Op. Att'y Gen. No. 80-21.

Person applying for license must surrender nonresident license. — Under the provisions of Section 64-13-38, 1953 Comp. (similar to this section) and Section 66-5-49 NMSA 1978, a person possessing a valid nonresident operator's or chauffeur's license must surrender it upon applying for a New Mexico operator's or chauffeur's license, or file an affidavit with the department of motor vehicles (now motor vehicle division) that he does not possess an operator's or chauffeur's license. 1964 Op. Att'y Gen. No. 64-145.

Operator of small electrically driven vehicle must obtain operator's license. — The operator of a three horsepower, electrically driven vehicle suitable for transportation of persons upon the highways of the state must obtain a motor vehicle operator's license. 1959 Op. Att'y Gen. No. 59-36.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 96 to 111.

State's liability to one injured by improperly licensed driver, 41 A.L.R.4th 111.

Negligent entrustment of motor vehicle to unlicensed driver, 55 A.L.R.4th 1100.

Automobiles: Necessity or emergency as defense in prosecution for driving without operator's license or while license is suspended, 7 A.L.R.5th 73.

60 C.J.S. Motor Vehicles §§ 146 to 152.