Sheriffs, deputy sheriffs, constables, marshals, police officers and all peace officers shall have power to arrest any person violating any provision of this act [67-7-10, 67-7-11 NMSA 1978] on view or upon warrant issued by any justice of the peace [magistrate court] or magistrate. Such officers are also authorized and directed to take into custody any vehicle involved in the violation of any provision of this act and hold the same until all fees, fines, costs and damages therefor shall be paid; provided that the owner or person in control of such vehicle may secure its release by furnishing a good and sufficient bond as required by the officer or magistrate before whom the case is prosecuted.
The fee for making the arrest of any person violating any provision of this act shall upon conviction of the person or persons arrested be assessed as part of the costs and paid to the officer making such arrest, but shall not exceed one ($1.00) dollar in any case.
History: Laws 1921, ch. 94, § 11; 1927, ch. 82, § 1; C.S. 1929, § 11-711; 1941 Comp., § 58-612; 1953 Comp., § 55-6-12.
Cross references. — For damages for using vehicle of excessive load or size, see 67-7-10 NMSA 1978.
For damages for unlawful injuring of signs, see 67-7-10 NMSA 1978.
For placing injurious substance on highways, see 66-7-364 NMSA 1978.
Bracketed material. — The office of justice of the peace has been abolished, and the jurisdiction, powers and duties have been transferred to the magistrate court. See 35-1-38 NMSA 1978. The bracketed material was inserted by the compiler; it was not enacted by the legislature and is not a part of the law.
"On view" means in presence of officer. Cave v. Cooley, 1944-NMSC-050, 48 N.M. 478, 152 P.2d 886.
Jury instructions for wrongful arrest damages. — No error was committed in instructing the jury that they could award damages to the complainant in an action for false arrest if, and only if, they believed from a preponderance of the evidence that it did not reasonably appear to the defendant, state policeman, that complainant was violating the state traffic laws or that he did not act as an ordinarily reasonable and prudent man would under the circumstances. Cave v. Cooley, 1944-NMSC-050, 48 N.M. 478, 152 P.2d 886.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Highways, Streets and Bridges § 609.
40 C.J.S. Highways §§ 231, 248.
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