A. Additional Fees Assessed: In each case tried before the municipal judge, said judge may tax as costs the fees allowed to any attorney who prosecutes any violation of a city ordinance to conviction, and may tax as costs the services of an interpreter not to exceed ten dollars ($10.00), and may tax the docket fees paid for the filing of said cause, and said judge shall file his report of such fines, docket fees, judgments and costs under the provisions of this code with the city administrator at the first regular meeting of the city council in each month.
B. Filing Fee:
1. No criminal complaint signed by a private person alleging a violation of any city ordinance shall be docketed in the municipal court unless the person signing the complaint shall pay a nonrefundable filing fee of twenty five dollars ($25.00) to the clerk of the municipal court.
2. Nothing herein contained shall apply to any complaint filed by a police officer of the city.
C. Penalty Assessment Misdemeanor:
1. Penalty Amounts Assessed: As used in this subsection C, the words "penalty assessment misdemeanor" means violation of the following listed sections of the New Mexico uniform traffic ordinance, for which the listed penalty assessment is established:
Common Name Of Offense | Section Violated | Penalty Assessment |
Common Name Of Offense | Section Violated | Penalty Assessment |
Required position and method of turning at intersection | 12-6-5.1 | $41.00 |
Turning (Turning Lane for turning only) | $41.00 | |
Turning (Drive across property to avoid traffic device/sign) | 12-6-5.1 (E) | $41.00 |
Obedience to no-turn signs | 12-6-5.4 | $41.00 |
Turning (Unsafe U-turn) | 12-6-5.5 | $10.00 |
Turning (U-turn Interfering w/traffic) | 12-6-5.5 (1) | $10.00 |
Turning (Unsafe Lane change) | 12-6-5.8 | $25.00 |
Turning (Turning Lane use required) | 12-6-5.8 (1) | $25.00 |
Turn signal (Hand/Device) | 12-6-5.9 | $41.00 |
Parking (Sidewalk) | 12-6-6.1 (A)(1) | $41.00 |
Parking (Blocking driveway) | 12-6-6.1 (A)(2) | $41.00 |
Parking (In an intersection) | 12-6-6.1 (A)(3) | $41.00 |
Parking (Within 15 feet of fire hydrant) | 12-6-6.1 (A)(4) | $41.00 |
Parking (On a crosswalk) | 12-6-6.1 (A)(5) | $41.00 |
Parking (Over 18 inches from curb) | 12-6-6.2 | $41.00 |
Stop/Standing/Parking | 12-6-6.3 | $25.00 |
Parking (Blocking alley) | 12-6-6.4 | $41.00 |
Parking (over 30 mins in non-residential 2:00am - 5:00am) | 12-6-6.5 | $41.00 |
Emerging from alley & other | 12-6-7.1 (A) | $25.00 |
Passing a school bus (onloading) | 12-6-7.3 (A) | $100.00 |
Yield to emergency vehicle | 12-6-7.4 | $41.00 |
Reckless driving | 12-6-12.3 | Penalty Assessed by Municipal Judge |
Careless Driving | 12-6-12.4 | Penalty Assessed by Municipal Judge |
Careless Driving Fulltime and Entire Attention | 12-6-12.4 (A) | Penalty Assessed by Municipal Judge |
Due regard for roadway & conditions | 12-6-12.4 (B) | $51.00 |
Operators & chauffeurs to be licensed | 12-6-12.5 (A) | $25.00 |
License to be exhibited upon demand | 12-6-12.5 (D) | $25.00 |
Unlawful use (Suspended/Revoked) | 12-6-12.6 | Penalty Assessed by Municipal Judge |
Unlawful use (Revoked-122G) | 12-6-12.6 (8) | Penalty Assessed by Municipal Judge |
Driving while license administratively suspended | 12-6-12.6 (A) | $25.00 |
Backing (With reasonable safety) | 12-6-12.9 (A)(1) | $25.00 |
Backing (Exit/entry/controlled access) | 12-6-12.9 (A)(2) | $25.00 |
Backing (Unless preceded by observer) | 12-6-12.9 (A)(3) | $25.00 |
Backing (From private drive into street w/safety) | 12-6-12.9 (A)(4) | $25.00 |
Backing (More than 60" w/ out observer) | 12-6-12.9 (B) | $25.00 |
Obstruction to driver's view (Over 3 persons in front seat) | 12-6-12.10 (A) | $41.00 |
Obstruction to driver's view | 12-6-12.10 (B) | $41.00 |
Driving on sidewalk | 12-6-12.17 | $41.00 |
Prohibited activities while driving | 12-6-12.18 | $51.00 |
Prohibited activities while driving (Interferes with safe operation) | 12-6-12.18 (1) | $51.00 |
Prohibited activities while driving (Person/animal on lap) | 12-6-12.18 (2) | $51.00 |
Prohibited activities while driving (Seated on lap of another) | 12-6-12.18 (3) | $51.00 |
Prohibited activities while driving (Arm around another person) | 12-6-12.18 (4) | $51.00 |
Prohibited activities while driving (use of lights/horn to distract) | 12-6-12.18 (5) | $51.00 |
Racing on streets (Exhibition of speed) | 12-6-12.19 | Penalty Assessed by Municipal Judge |
Passing (Funerals/Parades processions) | 12-6-12.20 | $41.00 |
Permitting unauthorized minor to drive | 12-6-12.23 (A) | $141.00 |
Permitting unauthorized person to drive | 12-6-12.23 (B) | $141.00 |
Parties to unlawful acts | 12-6-12.24 | $196.00 |
Animal on street | 12-6-13.10 | $25.00 |
Seatbelt (Child under lyr) | 12-6-13.12 (B)(1) | $25.00 |
Seatbelt (Child lyr-4yr) | 12-6-13.12 (B)(2) | $25.00 |
Seatbelt (Child 5yr-6yr) | 12-6-13.12 (B)(3) | $25.00 |
Seatbelt (Child 7yr-12yr) | 12-6-13.12 (B)(4) | $25.00 |
Seatbelt (All Occupants) | 12-6-13.13 | $25.00 |
Open container | 12-6-13.14 (B) | $25.00 |
Unsecured load | 12-6-13.5 (D)(E) | $100.00 |
Improper opening of doors | 12-6-13.8 | $41.00 |
Crossing at other than crosswalks | 12-6-14.4 | $25.00 |
Eye protection (Motorcycle) | 12-7-5 | $41.00 |
Mandatory use of helmet | 12-7-6 | $41.00 |
Off road vehicle on streets | 12-7-9.2 (B) | $41.00 |
Parking (Handicap) | 12-9-9 (A) | $250.00 |
Improper equipment | 12-10-1 | $25.00 |
Unsafe equipment | 12-10-1.2 (A) | $25.00 |
Headlamps (Required at night) | 12-10-1.3 | $25.00 |
Headlamps (Headlight out) | 12-10-1.5 | $25.00 |
Headlights (Emitting glaring/dazzling light) | 12-10-1.5 (E) | $25.00 |
Dimming of headlamps | 12-10-1.6 | $10.00 |
Taillamps | 12-10-1.7 (A) | $25.00 |
Mufflers | 12-10-1.10 | $10.00 |
Windshield obstructed | 12-10-1.12 | $25.00 |
Sun screening on windshield (Below ASI line) | 12-10-1.12 (A) | $25.00 |
Sun screening on windshield (Red, yellow, amber in color) | 12-10-1.12 (A)(B) | $25.00 |
Sun screening on windshield (Reflective) | 12-10-1.12 (A)(B1) | $25.00 |
Sun screening on front windows/windshield (>20%) | 12-10-1.12 (A)(B2) | $25.00 |
Permission to use emergency equipment | 12-10-1.14 | $36.00 |
Auxiliary lamps (Fog lamps) | 12-10-1.37 (D) | $25.00 |
Stopped vehicle not to interfere | 12-10-1.47 | $41.00 |
Registration (Expired) | 12-10-4 | $25.00 |
Registration (Display of plate) | 12-10-4.1 | $25.00 |
Registration (Illegible plate) | 12-10-4.1 (F) | $25.00 |
Registration (Exhibited upon demand) | 12-10-5 | $10.00 |
Mandatory financial responsibility | 12-10-6 | $51.00 |
a. The term "penalty assessment misdemeanor" does not include any violation which has caused or contributed to the cause of an accident resulting in injury or death to any person.
b. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor and no probation imposed upon a suspended or deferred sentence shall exceed ninety (90) days.
c. The penalty assessment for speeding in violation of Section 12-6-1.2 (4) of the Uniform Traffic ordinance is twice the penalty assessment established in Subsection C of this Section for the equivalent miles per hour over the speed limit.
d. In addition to the penalty assessment established for each penalty assessment misdemeanor pursuant to this Subsection C, there shall be assessed the following fees for each penalty assessment misdemeanor: a twenty dollar ($20.00) corrections fee; a six dollar ($6.00) court automation fee; and a three dollar ($3.00) judicial education fee.
2. Penalty Assessment Misdemeanors; Option; Effect:
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, traffic violations, city of Deming, 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 arrest. The traffic violations bureau shall issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received is sufficient receipt.
c. No record of any penalty assessment payment is admissible as evidence in any court in any civil action.
3. Failure To Pay Penalty Assessment:
a. If a penalty assessment is not paid within thirty (30) days from the date of arrest, the violator shall be prosecuted for the violation charged on the penalty assessment notice in a manner as if the penalty assessment notice had not been issued. Upon conviction in such prosecution, the court shall impose penalties as provided by the New Mexico uniform traffic ordinance (Section 12-12-1.1), or other law relating to motor vehicles for the particular offense charged, and the scheduled penalty assessments shall not apply.
b. In addition to the prosecution provided for in subsection C.3.a. above, it is a misdemeanor for any person who has elected to pay a penalty assessment to failure to do so within thirty (30) days from the date of arrest.
c. The office of the municipal court shall notify the motor vehicle division of the state of New Mexico when a person fails to pay a penalty assessment within the required period of time. The motor vehicle division shall report the notice upon the driver’s record and shall not renew the person’s license to drive until the municipal court notifies the motor vehicle division that the penalty assessment, or its equivalent, as well as any additional penalties imposed are properly disposed of. (Ord. 478, 8-7-1972; amd. Ord. 823, 10-8-1990; Ord. 1171, 11-13-2007; Ord. 1215, 6-13-2011; Ord. 1289, 2-18-2020; Ord. 1310, 12-21-2021)