New Mexico Driving Records
New Mexico's driving records are protected by the New Mexico Vehicle Code and Driver's Privacy Protection Act (DPPA), balancing accessibility and privacy.
These records are vital for various stakeholders. Individuals monitor their history, insurance companies assess risk, employers evaluate candidates, and law enforcement uses them in traffic cases.
The New Mexico Motor Vehicle Division (NM MVD) of the New Mexico Taxation and Revenue Department (NMTRD) manages these records. As the custodian of this crucial information, the NM MVD plays a pivotal role in preserving the integrity and confidentiality of driving records while facilitating authorized access.
Types of Driving Records Available in New Mexico
As mentioned earlier, drivers have access to their driving records through the NM MVD. The NM MVD offers different types of driving records to meet the diverse needs of New Mexico motorists.
Standard Driving Record
The Standard Driving Record is the most commonly requested in New Mexico. It includes:
- Personal details (name, address, date of birth)
- Driver’s license information (number, class, expiration date)
- Current license status
- Traffic violations and convictions from the past three years
- License suspensions, revocations, or cancellations
- Accumulated license points
This record is suitable for personal use and some employment verifications.
Certified Driving Record
The Certified Driving Record provides all the details of the standard record but on special paper with a raised seal, making it an official document. It includes:
- Official MVD seal and certification
- Complete driving history beyond three years
- Detailed accident reports (if applicable)
Certified records are often required by courts, certain employers, and for legal proceedings.
Limited Driving Record
The Limited Driving Record is a condensed version for insurance purposes. It includes:
- Basic personal and license information
- Traffic violations and convictions from the past three years
- Current license suspensions or revocations
Insurance companies often request this record to determine policy rates or eligibility. Drivers can authorize their insurance providers to access this information.
Commercial Driver's License (CDL) Record
The CDL Record is detailed for CDL holders. It includes:
- Standard driving record information
- Commercial driving endorsements and restrictions
- Medical certification status
- Detailed commercial driving violations and disqualifications
This record is crucial for ensuring compliance with federal and state regulations for commercial drivers and their employers.
How To Request a New Mexico Driving History Report?
The NM MVD provides multiple avenues for motorists to retrieve their driving history reports: digital access, on-site retrieval, facsimile submission, and telephonic request.
Digital Access
The NM MVD's Online Driver History Records Service offers an efficient way to access driving records. To use this service, motorists need:
- A current New Mexico driver’s license identifier
- Exact birth date information
- The last four digits of their Social Security Number
- A valid payment card from a major provider
The fee for an uncertified record is $6.63, and if a certified one is needed, the cost is $9.99.
On-Site Retrieval
Another option to retrieve driving records is to visit an NM MVD office. This involves submitting a completed Confidential Records Release (Form MVD-11260) to authorize the NM MVD to disclose personal driver or vehicle information. On-site requests are processed at no charge.
Facsimile Submission
Alternatively, individuals can fax a completed Form MVD-11260 to (505) 827-2792. The form must include the requester’s full name and valid contact number. After processing, the NM MVD will mail the driving record. Highlighted documents are automatically rejected.
Telephonic Request
For those preferring verbal communication, records can be requested by calling the NM MVD at (888) 683-4636. This option accommodates individuals without online access or the ability to visit an NM MVD office in person.
Uses of New Mexico Driving Records
State law establishes the legally permissible uses of driving records in New Mexico. These authorized uses include:
- Insurance assessment: Insurance companies use driving records to evaluate risk and determine premiums for motorists.
- Employment verification: Employers may review driving records when hiring for positions that involve operating vehicles.
- Legal proceedings: Courts and attorneys can access driving records as evidence in traffic-related cases or other legal matters.
- Law enforcement: Police officers use driving records to verify license status and check for outstanding violations during traffic stops.
- License renewal: The MVD reviews driving records to determine eligibility for license renewal or potential restrictions.
- Point system management: State officials track traffic violations and assign points to drivers' records, which may lead to license suspension.
- Commercial licensing: Trucking companies and regulatory bodies examine commercial drivers' records for compliance and safety purposes.
- Vehicle rental: Car rental agencies may check driving records to assess customer reliability and set rental terms.
- Government agency use: Various government departments access driving records for administrative and investigative purposes.
- Personal review: Drivers can request their own records to verify accuracy and stay informed about their driving status.
Understanding New Mexico Driving Laws
Navigating the roads in New Mexico requires a thorough understanding of state driving laws, as the consequences of violations can be severe. Below are the essential driving laws in New Mexico, along with their corresponding consequences:
Licensing Laws and Penalties
Under New Mexico Statutes Annotated (NMSA) Section 66-5-2, driving without a valid license is illegal, covering those with suspended, revoked, or never-issued licenses. This misdemeanor can result in fines of up to $300 and up to 90 days in jail.
However, licensed drivers who fail to carry their license may avoid conviction by presenting it in court. Exemptions apply to non-residents with valid out-of-state licenses, military personnel in military vehicles, and farmers operating tractors.
Driving with a suspended license may incur fines up to $1,000, up to 364 days in jail, extended suspension, and possible vehicle immobilization for 30 days.
Speeding Laws and Penalties
New Mexico enforces strict speeding laws under NMSA Section 66-7-301. Absolute speed limits are 75 miles per hour (mph) on highways, 35 mph in business and residential zones, and 15 mph in school zones.
Fines range from $25 for speeding up to 10 mph over the limit to $200 for exceeding it by more than 35 mph, with higher fines in construction zones. Speeding violations add three to eight points to a driver’s record, escalating penalties for future infractions.
Extreme cases, including fatalities, may lead to charges of vehicular homicide with severe legal consequences.
Reckless and Careless Driving Laws and Penalties
Reckless driving in New Mexico, per NMSA Section 66-8-113, involves operating a vehicle with blatant disregard for safety. First offenses can lead to five to 90 days in jail and/or fines between $25 and $100.
Repeat offenses may result in up to six months in jail and fines up to $1,000. Reckless driving adds six points to the driver’s record, potentially leading to a 90-day license suspension.
Careless driving involving imprudent behavior can result in up to 90 days in jail, a $300 fine, and three points on the driver’s record.
DUI Laws and Penalties
According to NMSA Section 66-8-102, driving under the influence (DUI) is prohibited for a blood alcohol content (BAC) of .08% or higher, or .04% for commercial drivers. A first offense can result in up to 90 days in jail, fines up to $500, and 24 hours of community service.
A second offense increases penalties to 96 hours to 364 days of incarceration, fines from $500 to $1,000, and mandatory treatment. A third offense may lead to 30 to 364 days in jail and fines up to $1,000.
A fourth offense is a felony, punishable by six to 18 months in prison. Aggravated DUIs involve harsher penalties, including extended jail time and ignition interlock device use.
Hit-and-Run Laws and Penalties
NMSA Section 66-7-203 mandates that drivers must stop after an accident, provide their name, address, and insurance details, and assist the injured if necessary. For property damage with an absent owner, drivers must leave their contact information.
Penalties for minor damage may include misdemeanor charges, fines up to $1,000, or 12 months in jail.
For serious injury or death, the offense becomes a felony, with prison sentences ranging from 18 months to six years and fines up to $5,000, depending on the situation.
The Point System in New Mexico
The NM MVD uses a point system to track traffic violations, assigning points based on the severity of the offense. Severe violations, such as speeding over 26 mph above the limit, result in eight points.
Reckless driving, passing a stopped school bus, and racing each add six points. Moderate offenses, like speeding 16 to 25 mph over the limit, incur five points, while failing to yield to an emergency vehicle adds four points.
Minor infractions, such as careless driving and improper turns, carry three points. Lesser violations, including defective equipment and seatbelt issues, receive two points.
Points System and License Suspension Policies
Accumulating six points within 12 months triggers a warning letter from the NM MVD. Reaching seven to 12 points can lead to a judge-imposed license suspension of up to three months, enforced by the NM MVD. Accumulating 12 points results in a mandatory 12-month suspension, with the possibility to appeal.
Points are removed from the record 12 months after the violation. Defensive driving courses do not directly reduce points but may result in the dismissal of certain offenses.
To regain driving privileges after a suspension, completion of an approved course and passing written and vision tests are required.
Criminal vs. Civil Driving Offenses in New Mexico
Understanding the distinction between criminal and civil driving offenses in New Mexico is essential for all motorists. The following are the key differences between these offenses and the corresponding penalties under state law.
Criminal Driving Offenses and Their Penalties
In New Mexico, criminal driving offenses are classified as felonies or misdemeanors. Felony offenses, such as vehicular homicide, repeated driving while intoxicated (DWI) offenses, or causing great bodily harm, are the most serious and carry penalties of at least one year in state prison.
For example, leaving the scene of a DWI-related accident that results in injury or death can be a third-degree felony, with up to three years in prison and fines up to $5,000.
Misdemeanor offenses, including reckless driving, driving with a suspended license, and evading law enforcement, are less severe but still carry penalties of up to one year in county jail. Penalties for misdemeanors may include fines and/or jail time.
Civil Driving Offenses and Their Penalties
Civil driving offenses, or infractions, involve minor violations like distracted driving, running a red light, or improper parking. These do not result in imprisonment but can lead to fines, points on the driver’s record, or license suspensions.
Fines for infractions range from $25 to $200, depending on the severity. Accumulating points from repeated infractions can lead to increased penalties, including license suspension.
Although infractions do not carry jail time, accumulating too many points or repeated violations can significantly impact a driver's record and lead to more severe consequences, making adherence to traffic laws crucial.
New Mexico Driving Statistics and Goals
The New Mexico Department of Transportation (NMDOT) aims to cut traffic fatalities by 20% by 2026, using 2020 as the baseline year. With 398 traffic deaths in 2020, the target is to lower this number to 318 or fewer.
To meet this goal, several initiatives have been launched. The "End DWI" campaign seeks to reduce alcohol-related crashes, which made up 38% of fatalities in 2022. The "Don’t Text and Drive" initiative tackles distracted driving, a major cause of accidents.
Additionally, the "100 Days and Nights of Summer" program boosts law enforcement during peak travel periods.
New Mexico also participates in the national "Click It or Ticket" campaign to encourage seatbelt use, aiming to decrease the 14% fatality rate among unbelted occupants.
Frequently Asked Questions About New Mexico Driving Records
Here are some commonly asked questions regarding New Mexico driving records and the processes related to them:
Can an Individual Request Someone Else’s Driving Record?
Third-party requestors in New Mexico can obtain someone else's driving record by submitting a Confidential Records Release form and a New Mexico Driver's Privacy Protection Agreement form.
These documents ensure compliance with privacy laws and outline permissible uses of the information. Requestors must provide a valid reason, such as employment verification or legal proceedings.
The NM MVD carefully reviews each request to protect drivers' privacy while allowing necessary access to records.
How To Correct an Error on a Driving Record?
To correct errors on a driving record, motorists should call the NM MVD at (888) 683-4636. The NM MVD will investigate the issue and respond within 48 hours if needed.
Individuals should ensure their driving records are accurate and up to date, as insurance companies, employers, and other entities rely on this information.
Can Traffic Violations and Driving Records Be Expunged or Sealed?
In New Mexico, expungement means sealing a record from public access rather than permanent removal.
Typically, expungement applies to criminal records, not traffic infractions.
Certain criminal traffic violations may be eligible for expungement, but offenses involving bodily harm, death, or DWI are excluded.
For eligible offenses, individuals can request expungement two years after completing all sentencing requirements. This request must be filed with the court that handled the case.
Helpful Links and Resources
For those seeking additional information, here are some valuable resources:
- NM MVD's Point System Regulations and Schedule: https://www.mvd.newmexico.gov/wp-content/uploads/2020/12/mvd11011.pdf
- Motor vehicle traffic crash reports from New Mexico Indicator-Based Information System (NM-IBIS) for Public Health: https://ibis.doh.nm.gov/indicator/summary/InjuryMVCDeath.html
Counties in New Mexico
List of Content
- Types of Driving Records Available in New Mexico
- How To Request a New Mexico Driving History Report?
- Uses of New Mexico Driving Records
- Understanding New Mexico Driving Laws
- The Point System in New Mexico
- Criminal vs. Civil Driving Offenses in New Mexico
- New Mexico Driving Statistics and Goals
- Frequently Asked Questions About New Mexico Driving Records
- Helpful Links and Resources