Dishonored checks; civil penalty.

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A. Any person who pays any fee pursuant to the Motor Vehicle Code [66-1-1 NMSA 1978] by check to the department and which check is dishonored upon presentation is liable to the department for the fees together with a penalty of not less than ten dollars ($10.00) for each such check.

B. Any identification card, license, permit, registration, plate, title or other document issued by the department pursuant to the Motor Vehicle Code that requires payment and the payment is not made because the check offered in payment is dishonored upon presentation shall be canceled, suspended or revoked for failure to make payment. Any reinstatement fee due pursuant to Section 66-5-33.1 NMSA 1978 shall be in addition to the penalty provided for in Subsection A of this section.

History: 1953 Comp., § 64-6-34, enacted by Laws 1978, ch. 35, § 369; 1989, ch. 318, § 20; 1991, ch. 160, § 14; 1978 Comp., § 66-6-34, recompiled as 1978 Comp., § 66-8-141 by Laws 1995, ch. 135, § 28.

ANNOTATIONS

The 1991 amendment, effective July 1, 1991, deleted "Motor vehicle division fees" at the beginning of the section heading; substituted "department" for "division" in three places; inserted "pursuant to the Motor Vehicle Code" in two places; substituted "not less than ten dollars ($10.00)" for "five dollars ($5.00)" in Subsection A; and, in the second sentence in Subsection B, deleted "or 66-5-223" preceding "NMSA 1978" and "five dollar ($5.00)" preceding "penalty".

The 1989 amendment, effective July 1, 1989, designated the formerly undesignated provisions as Subsection A, making a minor stylistic change therein, and added Subsection B.


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