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NEW MEXICO STATUTES AND CODES

Section 66-8-122 - Immediate appearance before magistrate.

66-8-122. Immediate appearance before magistrate.

Whenever any person is arrested for any violation of the Motor Vehicle Code [66-1-1 NMSA 1978] or other law relating to motor vehicles punishable as a misdemeanor, he shall be immediately taken before an available magistrate who has jurisdiction of the offense when the:   

A.     person requests immediate appearance;   

B.     person is charged with driving while under the influence of intoxicating liquor or narcotic drugs;   

C.     person is charged with failure to stop in the event of an accident causing death, personal injuries or damage to property;   

D.     person is charged with reckless driving;   

E.     arresting officer has good cause to believe the person arrested has committed a felony;   

F.     person refuses to give his written promise to appear in court or acknowledge receipt of a warning notice; or   

G.     person is charged with driving when his privilege to do so was suspended or revoked pursuant to Section 66-8-111 NMSA 1978 or pursuant to a conviction for driving while under the influence of intoxicating liquor or drugs.   

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