How to Fight a Reckless Driving Ticket in New Mexico
If you got a reckless driving ticket in New Mexico, you can usually pay it, contest it in court, or pursue a dismissal/mitigation option. First conviction (NMSA § 66-8-113): 5 to 90 days in jail AND/OR fine of $25 to $100; 6 demerit points.
How to fight a reckless driving ticket in New Mexico, step by step
Decide how to plead
Do NOT pay the fine or plead guilty without consulting a licensed New Mexico criminal defense attorney. Reckless driving is a criminal misdemeanor.
Check New Mexico's dismissal & mitigation options
Generally no — reckless driving is a criminal misdemeanor and most New Mexico courts do NOT include it in standard 'guilty deferred' traffic school programs (which are typically for minor infractions). Some courts may consider deferred sentencing or reduction to careless driving on a case-by-case basis for first-time offenders.
Request the evidence in your case
Ask the court for the officer's notes and any photos, device records, or calibration logs relied on to issue your reckless driving citation — you have a right to review what the case against you is built on.
Know exactly what you're contesting
First conviction (NMSA § 66-8-113): 5 to 90 days in jail AND/OR fine of $25 to $100; 6 demerit points.
Show up prepared
Generally no — reckless driving is a criminal misdemeanor and most New Mexico courts do NOT include it in standard 'guilty deferred' traffic school programs (which are typically for minor infractions). Arrive early, dress neatly, and bring your documents plus a short, factual statement of your side.
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Start my free court prep →New Mexico Reckless Driving ticket — frequently asked questions
What is the statute for reckless driving in New Mexico?
NMSA § 66-8-113 — Reckless Driving. A person is guilty of reckless driving who operates a vehicle 'carelessly and heedlessly in willful or wanton disregard of the rights or safety of others.' The standard is willful or wanton disregard — the driver must have consciously disregarded a known risk. Reckless driving is a criminal misdemeanor in New Mexico.
Is reckless driving a criminal offense in New Mexico?
Yes. Reckless driving under NMSA § 66-8-113 is a criminal misdemeanor — not merely a traffic infraction. A conviction creates a permanent criminal record in addition to a traffic record, adds 6 demerit points, and carries significant insurance consequences. A single reckless driving conviction adds 6 points, pushing a driver more than halfway to the 12-point mandatory suspension threshold.
What are the penalties for reckless driving in New Mexico?
First conviction (NMSA § 66-8-113): 5 to 90 days in jail AND/OR fine of $25 to $100; 6 demerit points. Second or subsequent conviction: 10 days to 6 months in jail AND/OR fine of $50 to $1,000; 6 demerit points. These penalties are cumulative with point-based consequences — a single reckless driving conviction, combined with other violations, could trigger the 12-point mandatory suspension threshold.
Is diversion or a deferred sentence available for reckless driving in New Mexico?
Generally no — reckless driving is a criminal misdemeanor and most New Mexico courts do NOT include it in standard 'guilty deferred' traffic school programs (which are typically for minor infractions). Some courts may consider deferred sentencing or reduction to careless driving on a case-by-case basis for first-time offenders. An attorney is strongly recommended for any reckless driving charge.
What should I do if cited for reckless driving in New Mexico?
Do NOT pay the fine or plead guilty without consulting a licensed New Mexico criminal defense attorney. Reckless driving is a criminal misdemeanor. An attorney can: challenge whether the conduct rises to 'willful or wanton disregard'; negotiate a reduction to careless driving (a lesser civil traffic offense); or seek a deferred sentencing arrangement. A conviction results in a permanent criminal record, 6 demerit points, and dramatically higher insurance rates.
Zigpon is an educational self-help guide, not a law firm — this is general information, not legal advice. Laws change and every case is different; verify details with your court or a licensed attorney before acting.