In New Mexico, reckless driving offenses are categorized as criminal offenses, with the additional prospect of administrative action, such as a license suspension imposed by the New Mexico Motor Vehicle Division.
Per New Mexico Code, Chapter 66 Article 8 Section 113, reckless driving is defined as careless or heedless operation of a motor vehicle that exhibits disregard for the safety of others. The law includes provisions defining reckless driving as any act lacking due caution involving speed or moving violations that endanger both persons and property.
|
Offense/Violation |
Classification |
Criminal Penalties |
Points Applied to License |
Other Administrative Penalties |
|
Reckless Driving |
Misdemeanor |
Incarceration of at least five days, but not more than 90 days, with fines of at least $25, but not more than $100 |
6 |
New Mexico MVD, upon its own discretion, can suspend a license for not more than 90 days |
Upon conviction, your driver's license may be automatically suspended for up to 90 days. Accumulation of more than 12 points within a 12-month period creates the potential of a point-based suspension as well. Drivers can avoid point-based suspensions via completion of a traffic school approved by the New Mexico Traffic Safety Bureau, which can ultimately reduce the number of points on a license. Attendance at a traffic school may be a method of preventing automatic license suspensions for reckless driving offenses on a case-specific basis. Drivers in New Mexico are potentially eligible to obtain a limited license during a suspension period under certain circumstances.
Aside from addressing the aforementioned administrative issues, a driver must still address the pending criminal charges related to reckless driving, which do carry the potential of incarceration. In practice, by involving legal counsel, a driver can first seek to obtain an outright dismissal of the charges. Most cases are resolved via a favorable plea bargain, which either reduces the charges faced into a non-criminal traffic violation, or produces a favorable sentence upon conviction, typically suspending any sentence of incarceration that may be otherwise applicable.
To learn more about your legal rights and options in a New Mexico reckless driving case, including whether the case-specific nature of your reckless driving arrest provides grounds for dismissal or a highly favorable plea option. Consult with a New Mexico reckless driving lawyer today.