Section 66-8-117 - Penalty assessment misdemeanors; option; effect. - New Mexico Statutes

66-8-117. Penalty assessment misdemeanors; option; effect.

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.