Is Reckless Driving a Misdemeanor in New Mexico? Penalties and Points

New Mexico makes reckless driving a crime under NMSA 66-8-113: driving "carelessly and heedlessly in willful or wanton disregard of the rights or safety of others," without due caution, and at a speed or in a manner that endangers or is likely to endanger any person or property. A first conviction is punishable by 5 to 90 days in jail, a fine of $25 to $100, or both, and a second or subsequent conviction by 10 days to 6 months, a fine of $50 to $1,000, or both (66-8-113(B)).

Information last verified on 2026-10-25. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Mexico state statutes on reckless driving (NMSA 66-8-113), careless driving, racing on highways, the Motor Vehicle Division points rules in 18.19.5 NMAC, related license consequences, aggravated fleeing, and driving without a valid, suspended or revoked license. It does not cover DWI penalties (see New Mexico DUI laws), homicide by vehicle (see New Mexico manslaughter laws), city ordinances, or federal and commercial-driver rules beyond a short note. For other states, see reckless driving laws by state.

What is reckless driving in New Mexico?

Section 66-8-113(A) of the Motor Vehicle Code defines the offense:

"A. Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving." NMSA 66-8-113(A)

The definition is written with "and" throughout, so it lists elements that the statute joins together:

• driving any vehicle carelessly and heedlessly;
• in willful or wanton disregard of the rights or safety of others;
• without due caution and circumspection; and
• at a speed or in a manner so as to endanger, or be likely to endanger, any person or property.

The mental-state element, "willful or wanton disregard," is what separates reckless driving from careless driving under 66-8-114, which has no such element (see below).

Is reckless driving a misdemeanor in New Mexico? Penalties

Yes. Section 66-8-7(A) provides that "It is a misdemeanor for any person to violate any provision of the Motor Vehicle Code unless the violation is declared a felony," and 66-8-113 declares no felony. Section 66-8-113 then sets its own penalty:

"B. Every person convicted of reckless driving shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, upon a first conviction by imprisonment for not less than five days nor more than ninety days, or by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), or both and on a second or subsequent conviction by imprisonment for not less than ten days nor more than six months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or both. C. Upon conviction of violation of this section, the director may suspend the license or permit to drive and any nonresident operating privilege for not to exceed ninety days." NMSA 66-8-113(B)-(C)

In each tier the court may impose jail, a fine, or both. Section 66-8-113 does not attach the label "petty misdemeanor." New Mexico's general definition in 30-1-6(C) provides that "A crime is a petty misdemeanor if it is so designated by law or if upon conviction thereof a sentence of imprisonment for six months or less is authorized." The Court of Appeals has held that reckless driving under 66-8-113 is treated as a petty misdemeanor, so the one-year limitations period for petty misdemeanors applies (State v. Trevizo, 2011-NMCA-069); that period now appears in 30-1-8(C).

Section 66-8-113 has no injury tier of its own. When reckless driving causes a death or great bodily harm, it becomes the basis for homicide by vehicle or great bodily harm by vehicle under 66-8-101(D) and (E); see New Mexico manslaughter laws.

Not on the penalty assessment schedule. The penalty assessment schedule in 66-8-116(A), which sets fixed amounts for listed violations such as speeding, does not list reckless driving, careless driving or racing. Section 66-8-122 also provides that a person arrested for a Motor Vehicle Code misdemeanor "shall be immediately taken before an available magistrate who has jurisdiction of the offense" when, among other listed situations, the "person is charged with reckless driving."

How fast is reckless driving in New Mexico?

New Mexico sets no speed at which driving becomes reckless by itself. Speed enters the reckless driving definition only as one way of endangering others ("at a speed or in a manner so as to endanger or be likely to endanger any person or property"). The basic speed section, 66-7-301, sets limits but contains no criminal speed tier.

The homicide-by-vehicle statute states the point directly for reckless driving used as a predicate. Section 66-8-101(D) and (E) each contain the proviso that "violation of speeding laws as set forth in the Motor Vehicle Code shall not per se be a basis for violation of Section 66-8-113 NMSA 1978."

The general limits in 66-7-301(A) are 15 mph when passing a posted school zone while children are going to or leaving school, 30 mph in a business or residence district, 55 mph on a county road without a posted limit, 75 mph, and the posted limit in construction zones posted as double fine zones. Section 66-7-301(B) adds that "In every event, speed shall be so controlled by the driver as may be necessary" to avoid colliding with a person, vehicle or other conveyance on or entering the highway.

Speeding itself is on the 66-8-116(A) penalty assessment schedule:

Under 66-7-302.2, the Motor Vehicle Division "shall not assign points for convictions for speeding on rural highways of the state," except on rural highways in Bernalillo County, where the citation indicated excessive speed was a factor in an accident, or for motor vehicles weighing 12,000 pounds or more.

How many points is reckless driving in New Mexico?

Six. The points rule, 18.19.5.52 NMAC, lists reckless driving (66-8-113) among the six-point violations, along with contest racing on a public traffic-way (66-8-115) and passing a school bus that is taking on or discharging passengers or displaying a warning not to pass (66-7-347). Careless driving (66-8-114) is three points, and failure to yield the right of way to an authorized emergency vehicle (66-7-332) is four.

How New Mexico points work:

• One-year life. The department keeps a record of points "for a period of one year from the date the violation occurred," and points are "expunged by the department automatically at the end of the twelfth month following the month in which the violation for which the points were assessed occurred" (18.19.5.51 NMAC).
• Six points: possible warning. At six or more points, "the department may warn the driver of the possibility of suspension" (18.19.5.53 NMAC).
• Seven to ten points plus a judge's recommendation. If a driver has seven to ten points for violations within one year and the department receives a recommendation from a municipal or magistrate judge for a suspension not exceeding three months, the department "shall automatically suspend the license for the period recommended," up to three months (18.19.5.54 NMAC; see also 66-5-30(A)(9)).
• Twelve points in twelve months. When points for violations within twelve consecutive months reach twelve or more, "the department shall suspend the driver's license for a period of twelve months" (18.19.5.55 NMAC).

Does reckless driving suspend your license in New Mexico?

Several license provisions name reckless driving:

• Up to 90 days, discretionary. On any reckless driving conviction, "the director may suspend the license or permit to drive and any nonresident operating privilege for not to exceed ninety days" (66-8-113(C)).
• Three in twelve months, mandatory revocation. Section 66-5-29(A) requires the division to "immediately revoke" the license on a record of "conviction or forfeiture of bail not vacated upon three charges of reckless driving committed within a period of twelve months." Under 66-5-29(B), the person may not apply for or receive a new license "until one year from the date that the conviction is final and all rights to an appeal have been exhausted."
• Habitually reckless drivers. Section 66-5-30(A) lets the division suspend a license without a preliminary hearing on a showing that the licensee "is an habitually reckless or negligent driver of a motor vehicle," or has been convicted "with such frequency of offenses against traffic laws or rules governing motor vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways."
• Young drivers. Section 66-5-1.1 lists reckless driving, careless driving and racing on highways as traffic violations for the permit and provisional-license sections. Each adjudication or conviction of such a violation committed while driving on an instruction permit adds thirty days to the six-month permit period required before a provisional license (66-5-8(A)(2)), and each one committed while on a provisional license adds thirty days to the twelve-month provisional period (66-5-9).

Points from a reckless driving conviction also count toward the point-based suspensions above. Section 66-5-32(A) caps division suspensions at one year except as permitted under Sections 60-7B-1, 66-5-5, 66-5-39 and 66-5-39.1.

Commercial drivers. Under 66-5-54(T), reckless driving "as defined by Section 66-8-113 NMSA 1978 or a municipal ordinance or the law of another state" and speeding 15 mph or more over the posted limit are "serious traffic violations." Section 66-5-68(F) disqualifies a person from driving a commercial motor vehicle for not less than 60 days on two such convictions, or 120 days on three, when the violations were committed while driving a commercial motor vehicle and arose from separate incidents within three years. Under the parallel federal rule, 49 C.F.R. 383.51, a reckless driving conviction in a non-commercial vehicle counts only if it results in a revocation, cancellation or suspension of the license or non-commercial driving privileges; the reckless driving laws by state hub covers the federal layer.

Careless driving in New Mexico

Careless driving is a separate, lesser offense. Section 66-8-114 provides:

"A. Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle. B. Any person who operates a vehicle in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of a misdemeanor." NMSA 66-8-114

The careless driving section has no "willful or wanton disregard" element, which reckless driving requires. Section 66-8-114 states no penalty of its own. Section 66-8-7(B) provides: "Unless another penalty is specified in the Motor Vehicle Code, every person convicted of a misdemeanor for violation of any provision of the Motor Vehicle Code shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for not more than ninety days or both." Careless driving carries 3 points.

Is street racing illegal in New Mexico?

Yes, on a highway. Section 66-8-115(A) provides that, "Unless written permission setting out pertinent conditions is obtained from the chief of the New Mexico state police, and then only in accordance with such conditions, no person shall drive a vehicle on a highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration or for the purpose of making a speed record, whether or not the speed is in excess of the maximum speed prescribed by law, and no person shall in any manner participate in any such race, drag race, competition, contest, test or exhibition."

Three features of that section matter:

• It reaches exhibitions of speed or acceleration, not only races between two vehicles.
• It applies "whether or not the speed is in excess of the maximum speed prescribed by law."
• It covers anyone who "in any manner" participates.

A violation "is guilty of a misdemeanor" (66-8-115(D)). The section states no sentence of its own, so the general Motor Vehicle Code misdemeanor penalty in 66-8-7(B) is the reference point. Contest racing carries 6 points (18.19.5.52 NMAC). Chapter 66 contains no separate street-takeover, stunt-driving or aggressive-driving offense.

Aggravated fleeing a law enforcement officer

Under 30-22-1.1(A), "Aggravated fleeing a law enforcement officer consists of a person willfully and carelessly driving a vehicle in a manner that endangers the life of another person after being given a visual or audible signal to stop" by an officer, as the section describes.

• Aggravated fleeing that does not result in injury or great bodily harm to another person is a fourth degree felony (30-22-1.1(B)), with a basic sentence of 18 months under 31-18-15(A).
• Aggravated fleeing that results in injury to another person is a third degree felony (30-22-1.1(C)), with a basic sentence of three years under 31-18-15(A).

Wet reckless in New Mexico

The DWI statute, 66-8-102, the plea section 66-8-102.1, and 66-8-110 contain no provision for an alcohol-related reckless driving plea; none of them uses the word "reckless" in its text.

Instead, 66-8-102.1 limits how a DWI charge may be resolved by plea:

"Where the complaint or information alleges a violation of Section 66-8-102 NMSA 1978, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to the violation of one of the subsections of Section 66-8-102 NMSA 1978, and no other disposition by plea of guilty to any other charge in satisfaction of the charge shall be authorized if the results of a test performed pursuant to the Implied Consent Act disclose that the blood or breath of the person charged contains an alcohol concentration of: A. eight one hundredths or more; or B. four one hundredths or more if the person charged is driving a commercial motor vehicle." NMSA 66-8-102.1

The section does not name reckless driving, and it does not make a reckless driving conviction count as a prior DWI. For DWI penalties, see New Mexico DUI laws.

Driving without a license in New Mexico

No valid license. Section 66-5-2(A) provides that, except those expressly exempted from the Motor Vehicle Code, no person shall drive a motor vehicle, neighborhood electric car or moped on a highway unless the person "holds a valid license issued under the provisions of the Motor Vehicle Code" and has surrendered to the division any other license previously issued to the person (or filed an affidavit that the person has none). A violation is a Motor Vehicle Code misdemeanor (66-8-7). Section 66-5-2(C) adds: "A person charged with violating the provisions of this section shall not be convicted if the person produces, in court, a driver's license issued to the person that was valid at the time of the person's arrest."

Suspended license. Under 66-5-39(A), a person who drives on a public highway while the driving privilege is suspended, and "who knows or should have known that the person's license was suspended is guilty of a misdemeanor and may be punished pursuant to Subsection B of Section 66-8-7 NMSA 1978 or for no more than ninety days of participation in a certified alternative sentencing program." Driving while the privilege is administratively suspended is instead a penalty assessment misdemeanor under 66-5-39.2, punished under 66-8-116. On a conviction under 66-5-39, the vehicle the person was driving may be immobilized for thirty days, at the convicted person's cost, unless immobilization poses an imminent danger to the health, safety or employment of the person's immediate family or the owner's family (66-5-39(B)).

Revoked license. Under 66-5-39.1(A), a person who drives while the privilege is revoked, in the circumstances the section sets out, is guilty of a misdemeanor punishable, notwithstanding 31-18-13, "by imprisonment for not less than four days or more than three hundred sixty-four days or by participation for an equivalent period of time in a certified alternative sentencing program, and there may be imposed in addition a fine of not more than one thousand dollars ($1,000)." Where the revocation was for driving under the influence or a violation of the Implied Consent Act, 66-5-39.1(B) requires "imprisonment for not less than seven consecutive days" and a fine of $300 to $1,000, and "the fine and imprisonment shall not be suspended, deferred or taken under advisement." On a conviction under 66-5-39.1, the vehicle the person was driving shall be immobilized for thirty days, at the convicted person's cost, unless immobilization poses an imminent danger to the health, safety or employment of the person's immediate family or the owner's family (66-5-39.1(C)). Under 66-5-39.1(D), the division does not issue a new license for an additional year.

New Mexico reckless driving and related offenses table

The basic felony sentences come from 31-18-15(A). For New Mexico's full sentencing classes, see New Mexico felony and misdemeanor classes.

Recent changes to New Mexico reckless driving law

• Reckless driving itself. Section 66-8-113 was last amended by Laws 1987, ch. 97, s. 4. Careless driving (66-8-114) dates to Laws 1969, ch. 169, and the racing section (66-8-115) was last amended by Laws 1973, ch. 172.
• 2025-2026 acts elsewhere in the Motor Vehicle Code. Laws 2025, ch. 4 amended DWI testing sections (66-8-103, 66-8-104, 66-8-111), and Laws 2025, ch. 22 amended 66-7-345. None of the reckless, careless or racing sections changed.
• January 1, 2027. Laws 2026, ch. 57 adds a definition of "vulnerable road user" (66-1-4.19) and amends 66-7-506, effective January 1, 2027.

Related New Mexico laws

• Reckless driving laws by state
• New Mexico DUI laws
• New Mexico manslaughter laws
• New Mexico felony and misdemeanor classes
• New Mexico expungement laws
• Texas reckless driving laws
• Arizona reckless driving laws

This article is general legal information about New Mexico law, not legal advice. For a specific situation, contact a lawyer licensed in New Mexico, or the New Mexico Motor Vehicle Division for driver's license and points questions.

Last updated: 2026-10-25.

Frequently Asked Questions

Is reckless driving a misdemeanor in New Mexico?

Yes, at the petty misdemeanor level. Motor Vehicle Code violations are misdemeanors unless declared felonies (NMSA 66-8-7(A)), and the Court of Appeals treats reckless driving as a petty misdemeanor (State v. Trevizo, 2011-NMCA-069). A first reckless driving conviction under 66-8-113 carries 5 to 90 days in jail, a $25 to $100 fine, or both.

What is the penalty for a second reckless driving conviction in New Mexico?

Under NMSA 66-8-113(B), a second or subsequent conviction is punishable by 10 days to 6 months in jail, a fine of $50 to $1,000, or both. The director may also suspend the license for up to 90 days (66-8-113(C)).

How fast is reckless driving in New Mexico?

New Mexico sets no speed that is reckless by itself. Section 66-8-113 covers driving at a speed or in a manner likely to endanger others, and 66-8-101 provides that a speeding violation is not per se a basis for violating 66-8-113 in a vehicular homicide or great bodily harm case.

How many points is reckless driving in New Mexico?

Six points under 18.19.5.52 NMAC; careless driving is three. Points expire after 12 months, and 12 points for violations within 12 consecutive months brings a 12-month suspension.

Can you lose your license for reckless driving in New Mexico?

The director may suspend for up to 90 days on any reckless driving conviction (66-8-113(C)). Three reckless driving convictions for offenses within 12 months require revocation, with no new license for one year after the conviction is final (66-5-29).

What is the difference between reckless and careless driving in New Mexico?

Reckless driving (66-8-113) requires willful or wanton disregard of others' rights or safety and carries its own jail and fine ranges and 6 points. Careless driving (66-8-114) is driving in a careless, inattentive or imprudent manner, a misdemeanor with no penalty in the section and 3 points.

Does New Mexico have a wet reckless?

The DWI sections (66-8-102, 66-8-102.1, 66-8-110) contain no wet reckless provision. NMSA 66-8-102.1 bars resolving a DWI charge by a guilty plea to any other charge when an Implied Consent Act test shows an alcohol concentration of 0.08 or more, or 0.04 or more in a commercial vehicle.

Is street racing illegal in New Mexico?

Yes. NMSA 66-8-115 bars racing, speed contests, drag races and exhibitions of speed or acceleration on a highway without state police permission, whether or not the speed limit is exceeded, and bars participating in them. It is a misdemeanor and carries 6 points.

What is the penalty for driving without a license in New Mexico?

It is a Motor Vehicle Code misdemeanor (66-5-2, 66-8-7), and 66-5-2(C) bars a conviction if the person produces in court a license that was valid at the time of arrest. Driving while revoked carries 4 to 364 days in jail (or an equivalent program) and a possible fine up to $1,000, with a 7-day minimum and a $300 to $1,000 fine when the revocation was for DWI or an Implied Consent Act violation (66-5-39.1).

Is reckless driving a penalty assessment offense in New Mexico?

No. Reckless driving is not on the 66-8-116 penalty assessment schedule. Under 66-8-122, a person arrested and charged with reckless driving is to be immediately taken before an available magistrate who has jurisdiction of the offense.