Failure to obey notice to appear.

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A. It is a penalty assessment misdemeanor for a person to violate that person's written promise to appear in court given to an officer upon issuance of a uniform traffic citation regardless of the disposition of the charge for which the citation was issued.

B. A written promise to appear in court may be complied with by appearance of counsel.

History: 1953 Comp., § 64-8-126, enacted by Laws 1978, ch. 35, § 534; 2019, ch. 224, § 5.

ANNOTATIONS

Cross references. — For the penalty for a misdemeanor, see 66-8-7 NMSA 1978.

The 2019 amendment, effective October 1, 2019, reduced the penalty for failure to obey notice to appear from a misdemeanor to a penalty assessment misdemeanor; and in Subsection A, after "It is a", added "penalty assessment".

Violation of promise is offense in addition to original offense. — When a person to whom a uniform traffic citation has been issued violates his written promise to appear in court, he has committed a violation in addition to that for which he was originally cited. 1961 Op. Att'y Gen. No. 61-117.


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