Section 66-5-30 - Authority of division to suspend or revoke license. - New Mexico Statutes

66-5-30. Authority of division to suspend or revoke license.

A.     The division is authorized to suspend the instruction permit, driver's license or provisional license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978, that the licensee:   

(1)     has been convicted of an offense for which mandatory revocation of license is required upon conviction;   

(2)     has been convicted as a driver in an accident resulting in the death or personal injury of another or serious property damage;   

(3)     has been convicted with such frequency of offenses against traffic laws or rules governing motor vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;   

(4)     is an habitually reckless or negligent driver of a motor vehicle;   

(5)     is incompetent to drive a motor vehicle;   

(6)     has permitted an unlawful or fraudulent use of the license;   

(7)     has been convicted of an offense in another state or tribal jurisdiction that if committed within this state's jurisdiction would be grounds for suspension or revocation of the license;   

(8)     has violated provisions stipulated by a district court in limitation of certain driving privileges;   

(9)     has failed to fulfill a signed promise to appear or notice to appear in court as evidenced by notice from a state court or tribal court, whenever appearance is required by law or by the court as a consequence of a charge or conviction under the Motor Vehicle Code [66-1-1 NMSA 1978] or pursuant to the laws of the tribe;   

(10)     has failed to pay a penalty assessment within thirty days of the date of issuance by the state or a tribe; or   

(11)     has accumulated seven points, but less than eleven points, and when the division has received a recommendation from a municipal or magistrate judge that the license be suspended for a period not to exceed three months.   

B.     Upon suspending the license of a person as authorized in this section, the division shall immediately notify the licensee in writing and upon his request shall afford him an opportunity for a hearing as early as practicable within not to exceed twenty days, not counting Saturdays, Sundays and legal holidays, after receipt of the request in the county wherein the licensee resides unless the division and the licensee agree that the hearing may be held in some other county; provided that the hearing request is received within twenty days from the date that the suspension was deposited in the United States mail. The director may, in his discretion, extend the twenty-day period. Upon the hearing, the director or his duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon the hearing, the division shall either rescind its order of suspension or, good cause appearing therefor, may continue, modify or extend the suspension of the license or revoke the license.