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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 acknowledgment 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, village of Cloudcroft, New Mexico, within thirty (30) days from the date of arrest. Payments of penalty assessments are timely if postmarked within the time limits set from the date of the arrest. The court clerk shall issue a receipt when a penalty assessment is paid by currency, but 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.
D. If a penalty assessment is not paid within thirty (30) days from date of arrest, the violator may be prosecuted for the violation charged on the penalty assessment notice in a manner as if a penalty assessment notice had not been issued. Upon conviction in such prosecution, the court may impose penalties as provided by the 2010 New Mexico uniform traffic ordinance (section 12-12-1.1) or other law relating to motor vehicles for the particular offense charged, and the schedule of penalty assessments may not apply.
E. In addition to the prosecution provided for in subsection D of this section, it is a misdemeanor for any person who has elected to pay a penalty assessment to fail to do so within thirty (30) days from the date of arrest.
F. The office of the municipal court shall notify the division of motor vehicles of the state of New Mexico when a person fails to pay a penalty assessment within the required period of time. The department of motor vehicles shall report the notice upon the driver's record and shall not renew the person's license to drive until the office of the municipal court notifies the department of motor vehicles that the penalty assessment, or its equivalent, as well as any additional penalties imposed are properly disposed of. (Ord. 357, 8-10-2010)