N.M. Admin. Code § 18.19.5.50 - POINT SYSTEM - PURPOSE - DEFINITIONS
A. Section
66-5-30 NMSA 1978 authorizes the
department to suspend the driver's license of an individual who has been
convicted of violations of the traffic laws with such frequency as to show
disrespect for those laws or has been found to be an habitually reckless or
negligent driver of a motor vehicle. To provide a reasonable, objective and
fair method by which the department may determine whether an individual shows
disrespect for the traffic laws of this state through frequency of conviction
for violations or is habitually reckless or negligent and to promote the public
safety by removing such drivers from the roads, the department establishes a
"point system" with
18.19.5.50 through
18.19.5.56 NMAC. This point system
continues the point system in effect prior to July 1, 1992.
B. For the purposes of
18.19.5.50 through
18.19.5.56 NMAC, "conviction"
means an adjudication of guilt including a finding of guilty by a court, a plea
of guilty entered by the court, a plea of nolo contendere
accepted by the court, a plea of guilty pursuant to a penalty assessment
misdemeanor (Sections
66-8-116 through
66-8-119 NMSA 1978 or the
forfeiture of bail or other collateral deposited to secure the violator's
appearance in court; "conviction" also includes a conviction for a traffic
violation in any other state, territory or possession of the United States, the
District of Columbia and any province of the Dominion of Canada so long as the
conviction in that jurisdiction is for a violation of a traffic law for which
points would be assessed if the conviction were for a violation of the traffic
laws of this state. "Conviction" does not include the imposition of
sentence.
C. For the purposes of
18.19.5.50 through
18.19.5.56 NMAC, "driver" means an
individual who operates a motor vehicle upon the traffic-ways of this state
whether or not that individual holds a valid driver's license issued either by
this state under the provisions of the Motor Vehicle Code or by another
jurisdiction under the laws of that jurisdiction.
D. For the purposes of
18.19.5.50 through
18.19.5.56 NMAC, "traffic-way"
means a public highway or any other place, such as a parking lot, which is open
for driving of motor vehicles by members of the general public and which is
subject to the traffic control regulation of the state or a political
subdivision of the state.
Notes
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