Any person who fraudulently uses a false or fictitious name in any application for the registration of a vehicle or a certificate of title, or knowingly makes a false statement, or knowingly conceals a material fact or otherwise commits a fraud in any such application shall upon conviction be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.
History: 1953 Comp., § 64-8-1, enacted by Laws 1978, ch. 35, § 499.
Provision's specific misdemeanor sentence controls Criminal Code misdemeanor sentence. — Sections 30-1-6 and 31-19-1 NMSA 1978 refer generally to the sentence for misdemeanors; Section 64-10-1, 1953 Comp. (similar to this section), the statute which defendant violated, provides a specific sentence for that misdemeanor. If the general statute, standing alone, would include the same matter as the special statute and thus conflict with the special statute, the special statute controls since it is considered an exception to the general statute. State v. Sawyers, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.
"Not less than one year" portion of defendant's sentence is void because it is in excess of the court's sentencing authority because Section 64-10-1, 1953 Comp. (similar to this section), does not provide for a minimum sentence. Sentences which are unauthorized by law are void. The "not more than one year" portion of the sentence is authorized by this section. State v. Sawyers, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.
State penitentiary proper place of confinement for violation. — The place of confinement for misdemeanors under the Criminal Code is the county jail under Section 31-19-1 NMSA 1978. This section is not applicable because defendant violated Section 64-10-1, 1953 Comp. (similar to this section), which is not a Criminal Code misdemeanor; therefore, the proper place of his confinement is the state penitentiary. State v. Sawyers, 1968-NMCA-051, 79 N.M. 557, 445 P.2d 978.
Violation to register vehicle under false or fictitious name. — In the event a person, be he minor or adult, registered a motor vehicle under a false or fictitious name, he was in violation of this section's predecessor and may be prosecuted for that violation under said law. 1953 Op. Att'y Gen. No. 53-5654.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 93.
61A C.J.S. Motor Vehicles §§ 588, 594.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.