0001| SENATE BILL 804
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| CARLOS R. CISNEROS
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO MOTOR VEHICLES; REVISING THE DOCUMENTATION THAT MUST
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0013| BE PROVIDED AND THE PROCEDURES TO BE FOLLOWED BY PERSONS
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0014| APPLYING FOR A LIMITED DRIVER'S LICENSE; REQUIRING THAT
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0015| REVOCATION HEARINGS BE CONDUCTED PURSUANT TO THE RULES OF
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0016| EVIDENCE; AMENDING, REPEALING AND ENACTING SECTIONS OF THE MOTOR
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0017| VEHICLE CODE.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. Section 66-5-35 NMSA 1978 (being Laws 1978,
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0021| Chapter 35, Section 257, as amended) is repealed and a new
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0022| Section 66-5-35 NMSA 1978 is enacted to read:
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0023| "66-5-35. [NEW MATERIAL] LIMITED DRIVING PRIVILEGE
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0024| FOLLOWING SUSPENSION OR REVOCATION--ELIGIBILITY--APPLICATION
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0025| PROCEDURES--FEE--REVIEW.--
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0001| A. Except as provided in Subsection B of this
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0002| section, a person whose driver's license or permit has been
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0003| suspended or revoked following conviction or adjudication as a
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0004| delinquent under any law, ordinance or regulation relating to
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0005| motor vehicles may apply to the department for a limited license
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0006| or permit to drive.
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0007| B. No person shall be eligible to apply for:
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0008| (1) a limited commercial driver's license; or
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0009| (2) a limited driver's license or permit when
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0010| the person's driver's license or permit was revoked or suspended
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0011| pursuant to:
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0012| (a) the provisions of the Implied Consent
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0013| Act, except as provided in Subsection C of this section;
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0014| (b) an offense for which the person is a
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0015| subsequent offender as defined in the Motor Vehicle Code; or
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0016| (c) a violation of Section 66-8-101 NMSA
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0017| 1978.
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0018| C. A person, including a person whose driver's
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0019| license has been revoked for the first time pursuant to the
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0020| provisions of Paragraph (1) or (2) of Subsection C of Section
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0021| 66-8-111 NMSA 1978, may apply for and shall receive a limited
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0022| license or permit if the person pays every appropriate fee and
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0023| meets the uniform criteria for limited driving privileges as set
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0024| forth in this section and in department regulations and provides
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0025| the department with documentation of the following:
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0001| (1) proof of financial responsibility pursuant
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0002| to the provisions of the Mandatory Financial Responsibility Act
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0003| for the lesser of one year or the period of the limited license;
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0004| and
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0005| (2) proof of gainful employment or gainful
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0006| self-employment and that the person needs a limited license to
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0007| travel to and from his place of employment;
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0008| (3) proof that the person is enrolled in school
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0009| and needs a limited license to travel to and from school; or
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0010| (4) proof that the person needs a limited
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0011| license to provide for the health, safety and welfare of his
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0012| immediate family.
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0013| In addition, an applicant for a limited license whose
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0014| driver's license has been revoked for the first time pursuant to
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0015| the provisions of Paragraph (1) or (2) of Subsection C of
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0016| Section 66-8-111 NMSA 1978 must provide the department with
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0017| documentation that the person is enrolled in a DWI school
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0018| approved by the traffic safety bureau of the state highway and
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0019| transportation department.
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0020| D. A limited license may not be issued earlier than
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0021| thirty days after the applicant's license was revoked.
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0022| E. When the department receives an application from
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0023| a person who is eligible to apply for a limited license pursuant
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0024| to Subsections A and B of this section, the department shall
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0025| approve the issuance of a limited license or permit to the
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0001| applicant showing the limitations specified in the approved
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0002| application. For each limited license or permit to drive, the
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0003| applicant shall pay to the department a fee of forty-five
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0004| dollars ($45.00), which shall be transferred to the state
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0005| highway and transportation department. All money collected
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0006| under this subsection shall be used for DWI prevention and
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0007| education programs for elementary and secondary school students.
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0008| The state highway and transportation department shall coordinate
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0009| with the department of health to ensure that there is no program
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0010| duplication. The limited license or permit to drive may be
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0011| suspended as provided in Section 66-5-30 NMSA 1978.
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0012| F. An applicant who is denied a limited license or
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0013| permit to drive by the department may request a hearing within
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0014| twenty days of mailing of the notice of denial. The hearing
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0015| shall be held in the county in which the applicant resides,
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0016| unless the department and applicant agree that the hearing may
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0017| be held in some other county. Upon hearing, the hearing officer
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0018| designated by the department may administer oaths and may issue
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0019| subpoenas for the attendance of witnesses and the production of
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0020| relevant books and papers. The hearing officer shall make
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0021| specific findings as to whether the applicant has met the
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0022| requirements of this section and established uniform criteria
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0023| for limited driving privileges adopted by regulation of the
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0024| department. The hearing officer shall enter an order either
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0025| approving or denying the applicant's request for a limited
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0001| license or permit to drive. If any of the specific findings set
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0002| forth in Subsection C of this section are not found by the
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0003| hearing officer, the applicant's request for a limited license
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0004| or permit shall not be approved.
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0005| G. A person adversely affected by an order of a
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0006| hearing officer may seek review within thirty days in the
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0007| district court in the county in which he resides. On review, it
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0008| is for the court to determine only whether the applicant met the
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0009| requirements in this section for issuance of a limited license
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0010| or permit to drive."
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0011| Section 2. Section 66-8-109 NMSA 1978 (being Laws 1978,
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0012| Chapter 35, Section 517, as amended) is amended to read:
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0013| "66-8-109. ADMINISTRATION OF CHEMICAL TEST--PAYMENT OF
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0014| COSTS--ADDITIONAL TESTS--INFORMATION REGARDING CONSEQUENCES OF
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0015| REFUSING TO TAKE TEST.--
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0016| A. Only the persons authorized by Section
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0017| 66-8-103 NMSA 1978 shall withdraw blood from any person for the
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0018| purpose of determining its alcohol or drug content. This
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0019| limitation does not apply to the taking of samples of breath.
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0020| B. The person tested shall be advised by the law
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0021| enforcement officer of the person's right to be given an
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0022| opportunity to arrange for a physician, licensed professional or
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0023| practical nurse or laboratory technician or technologist who is
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0024| employed by a hospital or physician of his own choosing to
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0025| perform a chemical test in addition to any test performed at the
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0001| direction of [a] the law enforcement officer.
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0002| C. Upon the request of the person tested, full
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0003| information concerning the test performed at the direction of
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0004| the law enforcement officer shall be made available to him as
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0005| soon as it is available from the person performing the test.
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0006| D. The law enforcement agency represented by the law
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0007| enforcement officer at whose direction the chemical test is
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0008| performed shall pay for the chemical test.
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0009| E. If a person exercises his right under Subsection
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0010| B of this section to have a chemical test performed upon him by
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0011| a person of his own choosing, the cost of that test shall be
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0012| paid by the law enforcement agency represented by the law
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0013| enforcement officer at whose direction a chemical test was
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0014| administered under Section 66-8-107 NMSA 1978.
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0015| F. The law enforcement officer shall advise the
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0016| person that failure to submit to a test requested by the officer
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0017| shall preclude the person from applying to the department for a
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0018| limited license or permit to drive as provided in Section
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0019| 66-5-35 NMSA 1978."
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0020| Section 3. Section 66-8-112 NMSA 1978 (being Laws 1978,
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0021| Chapter 35, Section 520, as amended) is amended to read:
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0022| "66-8-112. REVOCATION OF LICENSE OR PRIVILEGE TO DRIVE--
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0023| NOTICE--EFFECTIVE DATE--HEARING--HEARING COSTS--REVIEW.--
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0024| A. The effective date of revocation pursuant to
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0025| Section 66-8-111 NMSA 1978 is twenty days after notice of
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0001| revocation or, if the person whose license or privilege to drive
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0002| is being revoked or denied requests a hearing pursuant to this
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0003| section, the date that the department issues the order following
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0004| that hearing. The date of notice of revocation is:
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0005| (1) the date the law enforcement officer serves
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0006| written notice of revocation and of right to a hearing pursuant
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0007| to Section 66-8-111.1 NMSA 1978; or
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0008| (2) in the event the results of a chemical test
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0009| cannot be obtained immediately, the date notice of revocation is
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0010| served by mail by the department. This notice of revocation and
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0011| of right to a hearing shall be sent by certified mail and shall
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0012| be deemed to have been served on the date borne by the return
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0013| receipt showing delivery, refusal of the addressee to accept
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0014| delivery or attempted delivery of the notice at the address
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0015| obtained by the arresting law enforcement officer or on file
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0016| with the department.
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0017| B. Within ten days after receipt of notice of
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0018| revocation pursuant to Subsection A of this section, a person
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0019| whose license or privilege to drive is revoked or denied or the
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0020| person's agent may request a hearing. The hearing request shall
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0021| be made in writing and shall be accompanied by a payment of
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0022| twenty-five dollars ($25.00) or a sworn statement of indigency
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0023| on a form provided by the department. A standard for indigency
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0024| shall be established pursuant to regulations adopted by the
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0025| department. Failure to request a hearing within ten days shall
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0001| result in forfeiture of the person's right to a hearing. Any
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0002| person less than eighteen years of age who fails to request a
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0003| hearing within ten days shall have notice of revocation sent by
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0004| the department to his parent, guardian or custodian [by the
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department]. A date for the hearing shall be set by the
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0006| department, if practical, within thirty days after receipt of
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0007| notice of revocation. The hearing shall be held in the county
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0008| in which the offense for which the person was arrested took
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0009| place.
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0010| C. The department may postpone or continue any
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0011| hearing on its own motion or upon application from the person
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0012| and for good cause shown for a period not to exceed ninety days
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0013| from the date of notice of revocation [and provided that].
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0014| The department [extends] shall extend the validity of the
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0015| temporary license for the period of the postponement or
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0016| continuation.
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0017| D. To ensure the uniformity of the hearing process,
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0018| hearings shall be conducted pursuant to the Rules of Evidence
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0019| adopted by the supreme court. At the hearing, the department
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0020| or its agent may administer oaths and may issue subpoenas for
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0021| the attendance of witnesses and the production of relevant books
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0022| and papers.
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0023| E. The hearing shall be limited to the issues:
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0024| (1) whether the law enforcement officer had
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0025| reasonable grounds to believe that the person had been driving a
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0001| motor vehicle within this state while under the influence of
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0002| intoxicating liquor or drug;
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0003| (2) whether the person was arrested;
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0004| (3) whether this hearing is held no later than
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0005| ninety days after notice of revocation; and either
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0006| (4)
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0007| (a) whether the person refused to submit
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0008| to a test upon request of the law enforcement officer; and
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0009| (b) whether the law enforcement officer
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0010| advised that the failure to submit to a test could result in
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0011| revocation of the person's privilege to drive; or
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0012| (5)
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0013| (a) whether the chemical test was
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0014| administered pursuant to the provisions of the Implied Consent
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0015| Act; and
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0016| (b) the test results indicated an alcohol
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0017| concentration of eight one-hundredths or more in the person's
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0018| blood or breath if the person is twenty-one years of age or
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0019| older or an alcohol concentration of two one-hundredths or more
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0020| in the person's blood or breath if the person is less than
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0021| twenty-one years of age.
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0022| F. The department shall enter an order sustaining
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0023| the revocation or denial of the person's license or privilege to
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0024| drive if the department finds that:
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0025| (1) the law enforcement officer had reasonable
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0001| grounds to believe the driver was driving a motor vehicle while
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0002| under the influence of intoxicating liquor or drug;
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0003| (2) the person was arrested;
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0004| (3) this hearing is held no later than ninety
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0005| days after notice of revocation; and
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0006| (4) the person either refused to submit to the
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0007| test upon request of the law enforcement officer after the law
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0008| enforcement officer advised him that his failure to submit to
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0009| the test could result in the revocation of his privilege to
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0010| drive or that a chemical test was administered pursuant to the
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0011| provisions of the Implied Consent Act and the test results
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0012| indicated an alcohol concentration of eight one-hundredths or
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0013| more if the person is twenty-one years of age or older or an
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0014| alcohol concentration of two one-hundredths or more if the
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0015| person is less than twenty-one years of age.
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0016| G. If one or more of the elements set forth in
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0017| Paragraphs (1) through (4) of [this] Subsection F of this
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0018| section are not found by the department, the person's license
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0019| shall not be revoked.
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0020| [G.] H. A person adversely affected by an order
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0021| of the department may seek review within thirty days in the
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0022| district court in the county in which the offense for which the
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0023| person was arrested took place. The district court, upon thirty
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0024| days' written notice to the department, shall hear the case. On
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0025| review, it is for the court to determine only whether reasonable
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0001| grounds exist for revocation or denial of the person's license
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0002| or privilege to drive based on the record of the administrative
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0003| proceeding.
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0004| [H.] I. Any person less than eighteen years of
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0005| age shall have results of his hearing forwarded by the
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0006| department to his parent, guardian or custodian."
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0007| Section 4. EFFECTIVE DATE.--The effective date of the
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0008| provisions of this act is July 1, 1996.
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