§ 38-103. Abstract of traffic cases; report on convictions.

(a)

Every municipal judge shall keep a record of every traffic complaint, uniform traffic citation and other form of traffic charge filed in the judge's court or its traffic violations bureau and every official action and disposition of the charge by that court.

(b)

The court shall notify the motor vehicle department if a defendant fails to appear on a charge of violating the motor vehicle code or other law or ordinance relating to motor vehicles.

(c)

Within ten days after the final disposition on a conviction for violation of every charge of violating this chapter or other law or code relating to motor vehicles, every municipal judge, including juvenile court judges, or the clerk of the court, in which final disposition was made, shall prepare and forward to the motor vehicle department an abstract of the record containing the name and address of the defendant; the specific section number and common name of the provision of the local law, this chapter or regulation under which the defendant was tried; the plea, finding of the court and final disposition of the charge, including fine or jail sentence, or both; an itemization of total costs assessed to the defendant; the date of the hearing; the court's name and address; whether the defendant was a first or subsequent offender; and whether the defendant was represented by counsel or waived his right to counsel and, if represented, the name and address of counsel.

(d)

The record prepared and forwarded under this section shall be certified as correct by the person required to prepare it. With the prior approval of the director, the information required in subsection (b) of this section may be transmitted electronically to the division. Report need not be made of any disposition of a charge of illegal parking or standing of a vehicle except when the uniform traffic citation is used.

(e)

When the uniform traffic citation is used, the court shall provide the information required in subsection (b) of this section in the manner prescribed by the director. A copy of each penalty assessment processed shall be forwarded to the division within ten days of completion of local processing for posting to the driver's record. With the prior approval of the director, the required information may be submitted to the division by electronic means in lieu of forwarding copies of the penalty assessments.

(f)

The failure or refusal of any judicial officer to comply with this section is misconduct in office and grounds for removal.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.15.013; Ord. No. 02-236, § 10, 12-17-2013)

State law reference

Similar provisions, NMSA 1978, § 66-8-135.