N.M. 10th Jud. Dist. Local Rules

Tenth Judicial Magistrate Court

Local Rule Number 2025-001

Magistrate Court Traffic Citations

This Local Rule is enacted pursuant to NMRA Rules 6-103 and 6-503.

The Court, recognizing the need for an efficient procedure to dispose of

traffic offenses relating to registration, driver's license, improper equipment and

insurance, hereby adopts the local Magistrate Court Rule for the Counties of Quay,

De Baca and Harding:

1. Court clerks may accept a plea on tender of appropriate proof for:

a. CMV no markings, regulations, inspections (65-34). The clerk may

accept an appearance plea and waiver for a plea or guilty or no-contest, the fine shall be $100.00

b, CMV no medical card, physical qualifications (65-3-7), The clerk may

accept an appearance plea and waiver for a plea of guilty or no-contest,

the fine shall be $30.00

c. Vehicle subject to registration (66-3-1). If the clerk can see from the

face of the registration that it was valid on the date of the citation was

issued, the citation shall be dismissed. If no valid proof is provided,

but the defendant pleads guilty or no-contest, the fine shall be $50.00.

d. Evidence of registration (66-3-13). If the clerk can see from the face of

the registration certificate that it was valid on the date the citation was

issued, the citation shall be dismissed. If no valid proof is provided,

but the defendant pleads guilty or no-contest, the fine shall be $50.00.

e. Registration citations (NMSA 66-3-18, 66-3-23, 66-3-24, 66-3-27, 66-

3-103, and 66-3-403). If the clerk can see from the face of the

registration certificate that it was valid on the date the citation was

issued, the citation shall be dismissed. If no valid proof is provided,

but the defendant pleads guilty or no-contest, the fine shall be $25.00.

f. Expired registration (66-3-19 E & F). If the clerk can see from the face of

the registration certificate that it was valid on the date the citation issues,

the citation shall be dismissed. If no valid proof is provided, but the

defendant pleads guilty or no-contest, the fine shall be: 66-3-19 (E) $10.00

OR 66-3-19 (F): $5.00.

g. Improper equipment citations —Lighting & Reflectors (NMSA 66-3-801

thru 66-3-839). The clerk may accept an appearance plea and waiver for a

plea of guilty or no-contest, the fine shall be $25.00.

h. Improper equipment citations — Safety Equipment (NMSA 66-3-840 thru

66-3-851, and 66-3-901). The clerk may accept an appearance plea and

waiver for a plea of guilty or no-contest, the fine shall be $50.00.

i. Drivers must be licensed (66-5-2). If the clerk can see from the face of the

license that the person had a valid license on the date the citation was

issued, the citation shall be dismissed. If no valid proof is provided, but the

defendant pleads guilty or no-contest, the fine shall be $25.00.

Provisional License (66-5-8). If the clerk can see from the face of the license

that the person had a valid provisional license on the date the citation was

issued, the citation shall be dismissed. If no valid proof is provided, but the

defendant pleads guilty or no-contest, the fine shall be $25.00.

k. License to be carried and exhibited on demand (66-5-16). If the clerk can see

from the face of the license that the person had a valid license on the date the

citation was issued, the citation shall be dismissed. If no valid proof is

provided, but the defendant pleads guilty or no-contest, the fine shall be

$25.00.

l. Restricted License (66-5-19). If the clerk can see from the face of the license

that the person had a valid license on the date the citation was issued, the

citation shall be dismissed. If no valid proof is provided, but the defendant

pleads guilty or no-contest, the fine shall be $25.00.

m. Failure to change address or name on license (66-5-22). If the clerk can see

from the face of the license that the person had a valid license on the date the

citation was issued, the citation shall be dismissed. If no valid proof is

provided, but the defendant pleads guilty or no-contest, the fine shall be

$25.00.

n. Unlawful use of license (66-5-37). The clerk may accept an appearance plea

and waiver for a plea of guilty or no-contest, the fine shall be $25.00.

o. Driving while license administratively suspended. (NMSA 66-5-39.2) If the

clerk can see from the face of the license that the person had a valid License

on the date the citation was issued, the citation shall be dismissed. If no valid

proof is provided, but the defendant pleads guilty or no-contest, the fine shall

be $25.00.

p. Insurance citations (NMSA 66-5-205 and 66-5-229). If the clerk can see

from the face of the insurance card or policy that insurance was in force on

the date the citation was issued, the charge shall be dismissed. If no valid

proof is provided, but the defendant pleads guilty or no-contest, the fine

shall be $150.00.

q. Unlawful use of ID Card (NMSA 66-5-409.A.) The clerk may accept

an appearance plea and waiver for a plea of guilty or no-contest, the fine

shall be $100.00

2. Should the defendant be found, by review of the court's case records, to be a

habitual offender, defined as having three (3) or more previous violations for the

same offense within a twenty-four (24) month period, the defendant shall be

required to go before a judge for arraignment.

3. Nothing in this rule shall preclude a defendant from requesting to see a judge

for sentencing on the matter.

4. Any penalty assessments listed in NMSA 66-8-116, which may be added or

amended after the effective date of this Local Rule, shall take precedence over

any of the fines listed herein.

Procedure

1. Defendants are to be offered the opportunity to fill out the Appearance, Plea, and

Waiver (APW) form.

a. If defendant pleads guilty or no-contest on the APW form, for one of the

above-listed offences, the clerk shall:

i. Enter the plea(s);

ii. Assess fines as listed above and associated fees or court costs;

iii. Collect all monies due or generate a monthly payment plan.

iv. Generate a Judgement and Sentence;

v. Send the Judgement and Sentence to the judge for signature; and

vi. Mail a copy of the APW and the Judgement and Sentence to the

defendant.

2. If the defendant pleads not guilty on the APW and tenders proof which, if accepted

will result in a dismissal, the clerk shall:

a. Make a photocopy of the tendered proof, which shall be date-stamped and

filed into the case file;

b. Prepare an Order Dismissing Criminal Complaint - Criminal Form 9-414;

c. Send the dismissal to the judge for signature; and

d. Mail a copy of the APW and dismissal to the defendant.

3. If the offered proof does not meet the standard set in this order, the clerk shall

refer the matter to the judge. If the judge is not available, the clerk shall set the

matter for a hearing. Under no circumstances is the clerk to exercise discretion in

making a determination of guilt or innocence or in determining the amount of the

fine.

Adopted as of the date of approval of the Chief Judge of the District.

_____________________________________

Hon. Noreen L. Hendrickson

Presiding Judge

Quay County Magistrate Court

_____________________________________

Hon. Josephine D. Cones

Presiding Judge

De Baca County Magistrate Court

_____________________________________

Hon. Trubert W. Flowers

Presiding Judge

Harding County Magistrate Court

Approved by:

06/24/2025

____________________________________ ________________________

Hon. Timothy Rose Date

Chief Judge

10th Judicial District