A. 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 acknowledgment of guilt of the offense stated in the notice.

B. Except for penalty assessments made under a municipal program authorized by Section 66-8-130 NMSA 1978, payment of any penalty assessment must be made by mail to the division within thirty days from the date of arrest. Payments of penalty assessments are timely if postmarked within thirty days from the date of arrest. The division may issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient receipt.

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

History: 1953 Comp., § 64-8-117, enacted by Laws 1978, ch. 35, § 525; 1981, ch. 360, § 9; 1990, ch. 120, § 38.

The 1990 amendment, effective July 1, 1990, in Subsection B, rewrote the first sentence which read "Payment of any penalty assessment must be made by mail to the motor vehicle division, Santa Fe, within thirty days from the date of arrest" and deleted "motor vehicle" preceding "division" in the third sentence.

Choice of persons arrested. — New Mexico law provides that, with certain exceptions, for more serious offenses, persons arrested for motor vehicle violations who are not given warning notices are to be given the choice of appearing in court upon their promise to appear, as evidenced by signing the notice to appear section of a uniform traffic citation, or paying the penalty assessment, as evidenced by signing an agreement to pay the assessment on the uniform traffic citation. Vigil v. N.M. Motor Vehicle Div., 2005-NMCA-057, 137 N.M. 438, 112 P.3d 299.

Advice of police officers. — Police officers are not required to advise drivers arrested for motor vehicle violations of all the possibilities that could happen if one went to court. Vigil v. N.M. Motor Vehicle Div., 2005-NMCA-057, 137 N.M. 438, 112 P.3d 299.

Motorist enters into legal obligation with state upon acceptance. — When a motorist charged with the violation of one of the enumerated traffic regulations accepts penalty assessment, he enters into a legal obligation with the state, which is bound by unambiguous terms concerning time, place and form of discharge. 1969 Op. Att'y Gen. No. 69-88.

Motorist cannot reconsider his acceptance of penalty assessment. 1969 Op. Att'y Gen. No. 69-88.

No official court proceedings are begun by allowing a motorist to accept a penalty assessment. 1972 Op. Att'y Gen. No. 72-12.