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The municipal judge or appointed temporary judge shall keep a docket in which he shall enter a true record of all actions brought before him. All cases tried before the municipal judge shall be docketed in the name of the city against the defendant, and shall provide detail (judgment and sentence) of each case, and itemized statement of all costs and fines imposed and collected by him. A community service option may be offered in lieu of, as derived by an established municipal court community service policy. (Ord. 1221, 5-14-2012; amd. Ord. 1288, 2-18-2020)
A. Discretionary Action: Judgment of guilty or not guilty of the offense charged shall be entered in such case, and by said judgment defendant shall be discharged, fined or imprisoned as the case may be; and when defendant is found guilty, the costs of such case shall be assessed against him, and all judgments imposing a fine or penalty shall be, in default of the payment thereof, imprisonment for a specified number of days or until such fine and costs are paid.
B. Guilty Judgment: Whenever judgment of guilty is entered in any case, the judge shall issue a commitment against the person of the defendant, commanding the police or other officer, acting in default of the immediate payment of such fine and costs as may have been assessed, or where the judgment shall be imprisonment, to commit the defendant to the city or county jail. (Ord. 1221, 5-14-2012)
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)
A. Citation Issuance; Form: In all cases involving violations of any city ordinance, not amounting to the breach of peace, the municipal court of the city may cause to be issued a citation or summons requiring any party charged with the violation of any ordinance to appear at the time fixed by such citation or summons. The form of such citation or ordinance shall be approved by the city attorney.
B. Failure To Appear; Warrant For Arrest: Any person charged and named as a defendant in such citation or ordinance who fails to appear shall be subject to arrest and the municipal judge shall issue a warrant for the arrest of such person and in such event, proceedings shall thereafter be had as in cases when arrest is made upon a warrant issued upon affidavit.
C. Affidavit; Complaint: In any action for the violation of any ordinance in which an arrest has not been made, a warrant for the arrest of any defendant may issue in the first instance upon the affidavit of any person making a complaint that he has reason to believe that the party charged therefor is guilty. Such affidavit shall be in the form approved by the city attorney. (Ord. 507, 11-12-1973)
A. Suspension; Probation: Upon a plea of guilty or a judgment of conviction for violation of a city ordinance, the municipal court may suspend in whole or in part the execution of sentence or place the defendant on probation for a period not exceeding one year on terms and conditions the court deems best, or both.
B. Discretionary Action Of Judge: Suspension of execution of the sentence or probation, or both, shall be granted only when the municipal judge is satisfied it will serve the ends of justice and of the public.
C. Discharge Of Liability: The defendant's liability for any fine or other punishment imposed shall be fully discharged upon successful completion of the terms of probation.
D. Community Service: The municipal court may offer as an option to the defendant, to serve a period of time in volunteer labor to be known as community service. The type of labor and period of service shall be at the sole discretion of the court; provided, that any person accepting community service shall be immune from the community service, and any person who performs community service pursuant to court order or any criminal diversion program shall not be entitled to any wages, shall not be considered an employee for any purpose and shall not be entitled to workers' compensation, unemployment benefits or any other benefits otherwise provided by law. As used in this section, "community service" means any labor that benefits the public at large or any public, charitable or educational entity or institution. (Ord. 779, 9-11-1987; amd. Ord. 1288, 2-18-2020)
A. Citation Or Jail: Any police officer of the city who arrests a person without a warrant for the violation of any nontraffic ordinance of the city may offer the person arrested the option of accepting a citation to appear in lieu of taking him to jail.
B. Contents Of Citation: The citation issued pursuant to this section shall contain the name and address of the cited person, the offense charged, and the time and place to appear. Unless the person requests an earlier date, the time specified in the citation shall be at least three (3) days after issuance of the citation. The police officer shall explain the person's right not to sign a citation, the effect of not signing the citation, the effect of signing the citation and the effect of failing to appear at the time and place stated in the citation.
C. Signature, Promise To Appear: The person's signature on the citation constitutes a promise to appear at the time and place stated in the citation. One copy of the citation to appear shall be delivered to the person cited and the police officer shall keep a duplicate copy which he shall file with the court as soon as practicable.
D. Appearance In Court: A citation issued pursuant to this section is a valid complaint if the person receiving it appears in the municipal court.
E. Failure To Appear: It shall be unlawful for a person signing a citation not to appear at any time and place stated in the citation, regardless of the disposition of the offense for which the citation was issued, except by appearance of counsel on behalf of such person. Any person violating the provisions of this section shall be punished as provided in section 1-4-1 of this title. (Ord. 653, 6-9-1980)