New Mexico § 66-5-39.1 - Driving while license revoked; penalties

§ 66-5-39.1. Driving while license revoked; penalties

A. A person who drives a motor vehicle on a public highway of this state at a time

when the person's privilege to do so is revoked and who knows or should have known

that the person's license was revoked is guilty of a misdemeanor and shall be charged

with a violation of this section. Upon conviction, the person shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978 , by imprisonment for not less than four days or more than three hundred sixty-four

days or by participation for an equivalent period of time in a certified alternative

sentencing program, and there may be imposed in addition a fine of not more than one

thousand dollars ($1,000). When a person pays any or all of the cost of participating in a certified alternative

sentencing program, the court may apply that payment as a deduction to any fine imposed

by the court. B. Notwithstanding any other provision of law for suspension or deferment of execution

of a sentence, if the person's privilege to drive was revoked for driving under the

influence of intoxicating liquor or drugs or a violation of the Implied Consent Act,

upon conviction pursuant to this section, the person shall be punished by imprisonment

for not less than seven consecutive days and shall be fined not less than three hundred

dollars ($300) and not more than one thousand dollars ($1,000) and the fine and imprisonment

shall not be suspended, deferred or taken under advisement. No other disposition by plea of guilty to any other charge in satisfaction of a

charge under this section shall be authorized if the person's privilege to drive was

revoked for driving under the influence of intoxicating liquor or drugs or a violation

of the Implied Consent Act. Any municipal ordinance prohibiting driving with a revoked license shall provide

penalties no less stringent than provided in this section. C. In addition to any other penalties imposed pursuant to this section, when a person

is convicted pursuant to the provisions of this section or a municipal ordinance that

prohibits driving on a revoked license, the motor vehicle the person was driving shall

be immobilized by an immobilization device for thirty days, unless immobilization

of the motor vehicle poses an imminent danger to the health, safety or employment

of the convicted person's immediate family or the family of the owner of the motor

vehicle. The convicted person shall bear the cost of immobilizing the motor vehicle. D. The division, upon receiving a record of the conviction of any person under this

section, shall not issue a new license for an additional period of one year from the

date the person would otherwise have been entitled to apply for a new license.