Traffic School in New Mexico: Getting a Ticket Deferred and Dismissed

At your first court date: what a deferral means

The MVD notes that a guilty deferred sentence is a frequent result. You do not walk out clear on day one. The court lists what you must do, maybe a driving class, maybe community service, maybe up to 90 days with no new ticket, and dismisses the citation once you have done it.

Section 66-8-116(C) puts a 90 day ceiling on probation for a deferred or suspended sentence on a penalty assessment offense. And contesting the ticket does not raise the stakes on the fine: a conviction after trial cannot cost more than the assessment would have.

Before you ask: will the judge say yes?

The Supreme Court's Traffic Citations Manual tells judges that ordering a safety or driver improvement class in exchange for deferring the sentence is a common practice, and most often given to drivers with clean records. It also asks courts to keep track of who attends so the same person does not keep getting the offer.

New Mexico has no fixed statewide rule such as once every 12 or 18 months. Your court and your record decide. A DWI is a different track entirely, with its own programs; the 6 hour class is not for it.

In practice: a driver with a spotless record and a first speeding ticket has a good argument. A driver who did the class last year probably does not.

Before you pay: the 30 day trap

Lots of New Mexico tickets are penalty assessment misdemeanors with a fixed amount. Sign and pay within 30 days and the case closes as a conviction, which the court sends to the MVD for points.

Doing nothing is worse: the MVD can pull your license and keep it until you have paid the fine plus whatever late and reinstatement charges have piled up. And if the citation tells you to appear or be arraigned, no payment is accepted until you have been to court.

In class: what the 6 hours must cover

Rule 18.20.8 NMAC sets the classroom format: no fewer than 6 course hours, each made up of 50 minutes of teaching and a 10 minute break, ending in a proctored final of 20 or more questions with 70 percent to pass. The Bureau certifies the instructors, and no class may exceed 40 students.

As we read the rule, the classroom fee cannot be more than $150 with tax, and before the first session the school has to put its prices, refunds and attendance policy on paper for you. Court costs and court fees are separate; the clerk can tell you those.

In class, online: the web-based version

The same rule recognizes a distance learning course delivered over the web as an approved course. It must contain 6 hours or more of material, quiz you at the end of each chapter, and finish with a proctored 50 question exam that you pass with 35 right.

Providers must offer help by toll-free number or email, with replies inside a day. Whether your judge accepts online completion for your deferral is still up to the judge, so get a yes before paying.

After the class: proving the dismissal

Courts report outcomes to the MVD, but a deferred ticket can still show up afterward. MVD staff will investigate any sentence from the past three years you believe was deferred and reply within 48 hours.

If they want proof, have the court produce it on its own letterhead, dated, signed by a clerk and showing your citation number. The MVD fax numbers are 505-827-2783 and 505-827-2267.

If you drive commercially or want to appeal

Federal rule 49 CFR 384.226 prevents states from deferring judgment or offering diversion that would hide a CDL holder's traffic conviction, whatever vehicle was involved. Under 49 CFR 383.31, you also owe your employer written notice within 30 days of any conviction.

Lost after a not guilty plea? You have 15 days from the judgment to file Form 9-607, the Notice of Appeal, in district court. Late appeals are dismissed, so confirm the deadline with the clerk.