A licensed driver has the driver's license, in its physical form, in their immediate possession at all times when driving, and displays it in physical form on the demand of a magistrate, a peace officer, or a field deputy or inspector of the motor vehicle division.
Not having it is a penalty assessment misdemeanor. A driver charged with it is not convicted if they produce in court a physical license issued to them that was valid at the time of the citation.
For a misdemeanor under the motor vehicle laws, unless a penalty assessment or a warning notice is given, the officer completes the uniform traffic citation with a notice to appear in court, has the driver sign the agreement to appear, gives the driver a copy and releases them from custody.
- To be released, the driver gives a written promise to appear in court or to pay the penalty assessment, or acknowledges receipt of a warning notice.
- A driver who elects to pay a penalty assessment gets the notice with the amount and a reply envelope addressed to the motor vehicle division in Santa Fe. No officer accepts payment of a penalty assessment.
- A driver who declines a penalty assessment notice is given a notice to appear.
- A warning notice is not used as evidence of a conviction for suspending or revoking a license.
The Fourth Amendment sets limits on every stop, and the Supreme Court of the United States has drawn several of them. It has held that a stop is reasonable where the officer has probable cause to believe a traffic violation occurred, whatever the officer's actual motive; that an officer making a lawful stop may order the driver, and the passengers, out of the vehicle; that a passenger is seized by the stop and may challenge it; and that a stop may last no longer than its purpose requires, so it may not be extended for a dog sniff without separate reasonable suspicion. It has also held that consent to a search has to be voluntary, judged on all the circumstances, and that the prosecution does not have to prove the person knew they could refuse. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (8)
- NMSA 1978, § 66-5-16 — Physical license to be carried and exhibited on demand
- NMSA 1978, § 66-8-123 — Conduct of arresting officer; notices by citation
- Whren v. United States, 517 U.S. 806 (1996) — A traffic stop is reasonable when there is probable cause of a traffic violation
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) — An officer may order the driver out of a lawfully stopped car
- Maryland v. Wilson, 519 U.S. 408 (1997) — An officer may order passengers out of a lawfully stopped car
- Brendlin v. California, 551 U.S. 249 (2007) — A passenger is seized by a traffic stop and may challenge it
- Rodriguez v. United States, 575 U.S. 348 (2015) — A stop may not be extended beyond its purpose to run a dog sniff
- Schneckloth v. Bustamonte, 412 U.S. 218 (1973) — Consent to a search must be voluntary
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.
