Chapter 10.20
VIOLATION – PENALTY
Sections:
10.20.020 Penalty assessment misdemeanors – Established.
10.20.030 Penalty assessment misdemeanors – Option – Effect.
10.20.040 Failure to pay penalty assessment.
10.20.010 Title.
This chapter may be cited as the Village of Cimarron, Colfax County, New Mexico, penalty assessment program. [Ord. 242 § 1, 2007; Ord. 222 § 1, 2006].
10.20.020 Penalty assessment misdemeanors – Established.
A. As used in the New Mexico Uniform Traffic Ordinance adopted by the Village of Cimarron, Colfax County, New Mexico, “penalty assessment misdemeanor” means violation of the following listed sections of the New Mexico Uniform Traffic Ordinance, for which the listed penalty assessment is established:
|
Common Name of Offense |
Section Violated |
Assessment Penalty |
|
Flashing Signals |
12-5-8 |
$56.00 |
|
Speed Regulations |
12-6-1 |
|
|
Up to and including 10 miles an hour over speed limit |
|
$63.00 |
|
From 11 up to and including 15 miles an hour over speed limit |
|
$89.00 |
|
From 16 up to and including 20 miles an hour over speed limit |
|
$148.00 |
|
From 21 up to and including 25 miles an hour over the speed limit |
|
$208.00 |
|
From 26 up to and including 30 miles an hour over the speed limit |
|
$250.00 |
|
From 31 up to and including 35 miles an hour over the speed limit |
|
$293.00 |
|
More than 35 miles an hour over the speed limit |
|
$378.00 |
|
Minimum Speed Regulations |
12-6-1.5 |
$48.00 |
|
Overtaking a Vehicle on the Left |
12-6-2.3 |
$48.00 |
|
Limitation on Overtaking on the Left |
12-6-2.4 |
$48.00 |
|
No Passing Zones and Restrictions on Passing |
12-6-2.7 |
$48.00 |
|
Following Too Closely |
12-6-2.13 |
$48.00 |
|
Driving on Divided Streets |
12-6-2.14 |
$48.00 |
|
Vehicles Approaching or Entering Intersection |
12-6-4.1 |
$48.00 |
|
Vehicles Turning Left at Intersection |
12-6-4.2 |
$48.00 |
|
Vehicle Entering Stop or Yield Intersection |
12-6-4.3 |
$48.00 |
|
Limitations on Turning Around |
12-6-5.5 |
$48.00 |
|
Starting Parked Vehicle |
12-6-5.7 |
$48.00 |
|
Turning and Stopping Movements and Required Signals |
12-6-5.8 |
$48.00 |
|
Stopping, Standing and Parking |
12-6-6 |
$41.00 |
|
Special Stops Required |
12-6-7 |
$48.00 |
|
Stopping for School Bus |
12-6-7.3 |
$183.00 |
|
Railroad-Highway Grade Crossing Violation |
12-6-7.6 |
$48.00 |
|
Failure to Stop at Railroad-Highway Grade Crossing |
12-6-7.7 |
$48.00 |
|
Operators and Chauffeurs Must Be Licensed |
12-6-12.5 |
$48.00 |
|
Limitation on Backing |
12-6-12.9 |
$48.00 |
|
Child Not in Restraint Device or Safety Belt |
12-6-13.12 |
$71.00 |
|
Mandatory Use of Seat Belts |
12-6-13.13 |
$71.00 |
|
Possession or Consumption of Alcoholic Beverages in Open Containers – First Offense |
12-6-13.14 |
$71.00 |
|
Destructive or Injurious Material on Roadway |
12-6-13.5 |
$183.00 |
|
Littering |
12-6-13.15 |
$322.00 |
|
Pedestrian Violation |
12-6-14 |
$48.00 |
|
Drivers to Exercise Due Care |
12-6-14.8 |
$48.00 |
|
When Lighted Lamps Are Required |
12-10-1.3 |
$48.00 |
|
Headlamps on Vehicles |
12-10-1.5 |
$48.00 |
|
Dimming of Lights |
12-10-1.6 |
$48.00 |
|
Tail Lamps |
12-10-1.7 |
$48.00 |
|
Mufflers, Prevention Load |
12-10-1.10 |
$48.00 |
|
Lamp or Flag on Projecting Load |
12-10-1.11 |
$48.00 |
|
Display of Current Valid Registration Plate |
12-10-4 |
$48.00 |
|
Evidence of Registration to Be Signed and Exhibited on Demand |
12-10-5 |
$48.00 |
B. The term “penalty assessment misdemeanor” does not include any violation which has caused or contributed to the cause of an accident resulting in injury or death to any person.
C. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor and no probation imposed upon a suspended or deferred sentence shall exceed 90 days.
D. The penalty assessment for speeding in violation of Section 12-6-1.2(4) of the Uniform Traffic Ordinance is twice the penalty assessment established in subsection (A) of this section for the equivalent miles per hour over the speed limit.
E. In addition to the penalty assessment established for each penalty assessment misdemeanor pursuant to this section, there shall be assessed the following fees for each penalty assessment misdemeanor: a $20.00 corrections fee; a $6.00 court automation fee; and a $2.00 judicial education fee. [Ord. 242 § 2, 2007; Ord. 222 § 2, 2006].
10.20.030 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 acknowledgement of guilt of the offense stated in the notice, and payment of the prescribed penalty assessment is a complete satisfaction of the violation.
B. Payment of any penalty assessment must be made by mail to the Municipal Court, Traffic Violations Bureau, PO Box 654, Village of Cimarron, Colfax County, New Mexico, within 30 days from the date of citation/arrest. Payments of penalty assessments are timely if postmarked within the time limits set from the date of citation/arrest. 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. [Ord. 242 § 3, 2007; Ord. 222 § 3, 2006].
10.20.040 Failure to pay penalty assessment.
A. If a penalty assessment is not paid within 30 days from the date of citation/arrest, the violator shall be prosecuted for the violation charged on the penalty assessment notice in a manner as if the penalty assessment notice had not been issued. Upon conviction in such prosecution, the court shall impose penalties as provided by the New Mexico Uniform Traffic Ordinance (Section 12-12-1.1), or other law relating to motor vehicles for the particular offense charged, and the scheduled penalty assessments shall not apply.
B. In addition to the prosecution provided for in subsection (A) of this section, it is a misdemeanor for any person who has elected to pay a penalty assessment and fails to do so within 30 days from the date of citation/arrest.
C. The office of the municipal court shall notify the Motor Vehicle Division of the state of New Mexico when a person fails to pay a penalty assessment within the required period of time. The Motor Vehicle Division shall report the notice upon the driver’s record and shall not renew the person’s license to drive until the municipal court notifies the Motor Vehicle Division that the penalty assessment, or its equivalent, as well as any additional penalties imposed, are properly disposed of. [Ord. 242 § 4, 2007; Ord. 222 § 4, 2006].