New Mexico § 66-5-30 - Authority of division to suspend or revoke license

§ 66-5-30. Authority of division to suspend or revoke license

A. The division may suspend the instruction permit, driver's license or provisional

license of a driver without preliminary hearing upon a showing by its records or other

sufficient evidence, including information provided to the state pursuant to an intergovernmental

agreement authorized by Section 66-5-27.1 NMSA 1978 , that the licensee: (1) has been convicted of an offense for which mandatory revocation of license is

required upon conviction; (2) has been convicted as a driver in an accident resulting in the death or personal

injury of another or serious property damage; (3) has been convicted with such frequency of offenses against traffic laws or rules

governing motor vehicles as to indicate a disrespect for traffic laws and a disregard

for the safety of other persons on the highways; (4) is an habitually reckless or negligent driver of a motor vehicle; (5) is incompetent to drive a motor vehicle; (6) has permitted an unlawful or fraudulent use of the license; (7) has been convicted of an offense in another state or tribal jurisdiction that

if committed within this state's jurisdiction would be grounds for suspension or revocation

of the license; (8) has violated provisions stipulated by a district court in limitation of certain

driving privileges; or (9) has accumulated at least seven points, but less than eleven points, and when the

division has received a recommendation from a municipal or magistrate judge that the

license be suspended for a period not to exceed three months. B. The division may issue an administrative suspension of the instruction permit,

driver's license or provisional license of a driver without preliminary hearing upon

a showing by its records or other sufficient evidence, including information provided

to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978 , that the licensee has failed to comply with the terms of a citation issued in a

foreign jurisdiction that is a party to the Nonresident Violator Compact and that

has notified the department of the failure in accordance with the Nonresident Violator

Compact. C. If a person whose license was issued by a jurisdiction outside New Mexico that

is a party to the Nonresident Violator Compact fails to comply with the terms of a

citation issued in New Mexico, the department shall notify that other jurisdiction

of the failure and that jurisdiction may initiate a license suspension action in accordance

with the provisions of Article IV of the Nonresident Violator Compact. D. Upon suspending the license of a person as authorized in this section, the division

shall immediately notify the licensee in writing of the licensee's right to a hearing

before the administrative hearings office and, upon the licensee's request, shall

notify the administrative hearings office. The administrative hearings office shall schedule the hearing to take place as early

as practicable, but not later than twenty days, not counting Saturdays, Sundays and

legal holidays, after receipt of the request. The hearing shall be held in the county in which the licensee resides unless the

hearing officer and the licensee agree that the hearing may be held in some other

county; provided that the hearing request is received within twenty days from the

date that the suspension was deposited in the United States mail. The hearing officer may, in the hearing officer's discretion, extend the twenty-day

period. The hearing shall be held as provided in the Administrative Hearings Office Act. After the hearing, the hearing officer shall either rescind the order of suspension

or continue, modify or extend the suspension of the license or revoke the license.