A. In every charge of violation of any speed regulation under the Motor Vehicle Code [66-1-1 NMSA 1978], the complaint and the uniform traffic citation shall specify the speed at which the defendant is alleged to have driven and the maximum speed applicable within the district or at the location.
B. Provisions of the Motor Vehicle Code for maximum speed limitations shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.
History: 1941 Comp., § 68-2407, enacted by Laws 1953, ch. 139, § 62; 1953 Comp., § 64-18-7; Laws 1969, ch. 169, § 5; recompiled as 1953 Comp., § 64-7-307, by Laws 1978, ch. 35, § 411.
ANNOTATIONSProof of violation of a statute is one method of proving negligence. Dahl v. Turner, 1969-NMCA-075, 80 N.M. 564, 458 P.2d 816, cert. denied, 80 N.M. 608, 458 P.2d 860.
Court acquired jurisdiction over speeding prosecution even though citation was not made under oath and the complaint failed to allege the speed and speed limit and that the appellant was the person who committed the offense. State v. Mesecher, 1964-NMSC-211, 74 N.M. 510, 395 P.2d 233.