Using a Driving Safety Class After a New Mexico Ticket

Right after the stop: what a deferred sentence is

According to the MVD, plenty of drivers end up with a guilty deferred sentence. The judge lists conditions, perhaps a driving class, perhaps community service, perhaps 90 days of probation with no fresh violations, and when you have done them all the citation goes away.

The Traffic Citations Manual that the state Supreme Court publishes for judges describes deferring or suspending a sentence in exchange for a driver improvement or safety class as a routine move, used mostly for people without prior tickets. It also tells courts to keep attendance records so nobody gets the offer over and over. Think of it as a one time break.

Before you pay: what a penalty assessment does

Many New Mexico traffic offenses are penalty assessment misdemeanors, which means the fine is preset. Accepting one by signing is a guilty plea, and the money is due in 30 days.

Let the deadline pass and your license stays suspended until the assessment, plus any late or reinstatement fees, is paid. On the other hand, if you plead not guilty and the court convicts you, Section 66-8-116(C) limits the fine to what the assessment would have been and limits probation on a deferred or suspended sentence to 90 days.

Picture two drivers with the same speeding ticket. One mails a payment and ends up with a conviction and points. The other appears, asks for a deferral, completes the class, and walks away with a dismissal. The difference is the court date.

Before your court date: reading the citation

Look closely at the ticket. If it is a penalty assessment, you are allowed to pay without seeing a judge, and that payment is a guilty plea. If it orders you to appear or be arraigned, you go to court before any money changes hands. Misplaced it? Phone the court in the county of the stop.

Choosing the right class

Driving safety and defensive driving schools get their certification and approval from the Traffic Safety Division. For licensed drivers, the state recognizes exactly two programs, one 6 hours long and the other 8.

The 8 hour program is the suspended license class, meant only for people the MVD has suspended under the point system. A judge may also order a named school instead; Metropolitan Court, for example, uses Driver Improvement School, Aggressive Driving School and DWI School.

Can you take the class online?

18.20.8 NMAC, the rule governing driving safety schools, describes distance learning as a course delivered over the web and counts it within the definition of an approved course. In other words, a sanctioned online class is possible.

Your judge still decides whether an online class satisfies your deferral. Ask the court before signing up, and verify the provider's certification with the Traffic Safety Division.

If you are convicted: how points work

Points come from the MVD, not the judge; the court simply reports the conviction. Rule 18.19.5.52 NMAC adds out-of-state convictions whenever New Mexico would score the same offense. A few typical values:

• 3 points: 6 to 15 mph too fast where the limit is 15, 30 or 75 mph
• 5 points for 16 to 25 mph over on those same roads, 8 points for 26 or more
• 3 points: careless driving
• 6 points: reckless driving, racing, or going around a school bus that is stopped
• 2 points: seat belt or child restraint not used properly

If points pile up: suspension thresholds

Six points can trigger a warning letter from the MVD. Between 7 and 10 points from violations inside one year, a municipal or magistrate judge may recommend up to three months off the road, and the MVD carries that out automatically.

Twelve points inside any 12 consecutive months means a 12 month suspension. Each violation's points vanish automatically when the 12th month after it ends, so a March ticket clears at the end of the next March.

If you were suspended: getting reinstated

Rule 18.19.5.57 NMAC blocks reinstatement from a point suspension until you complete a driver improvement course approved by the Traffic Safety Bureau, taken no more than 90 days before your application, and pass the written and vision tests.

That course is the 8 hour class, not the 6 hour one. Schedule it so it falls inside the 90 day window.

If you lose in court: appeal and CDL limits

Convicted after pleading not guilty in magistrate, metropolitan or municipal court? Court rules allow 15 days from judgment to file Form 9-607, the Notice of Appeal, with the district court. Late filings risk dismissal, so double check the date with the clerk.

Commercial license holders cannot get a deferral. Federal rules prohibit masking their convictions, and the driver has 30 days to tell the employer about any conviction.

After it is over: insurance and drivers 55 and up

The insurance regulator's list of discounts carriers may offer includes one for mature drivers and one for finishing driver education. On top of that, Section 59A-32-14 NMSA tells insurers to build into their rate filings a three year premium cut for a principal driver aged 55 or over who passes an approved accident prevention course. Bills have been introduced to lower that age to 50, so confirm the current threshold with your carrier.

Ask, too, whether your 6 hour certificate earns anything and how long the discount runs. A dismissal itself keeps the conviction and its points off your record, which pays off at renewal time.