DWI and Your New Mexico Driver’s License: What is the Implied Consent Act Administrative Hearing? Below is the NM Taxation & Revenue Department’s (very) brief explanation of the Implied Consent Administrative Hearing (MVD Hearing):
STATE OF NEW MEXICO
TAXATION & REVENUE DEPARTMENT● HEARINGS BUREAU
EXPLANATION OF THE HEARING PROCESS (IMPLIED CONSENT ACT)
The purpose of the hearing you have requested is to determine if the proposed revocation of your driver’s license or driving privileges by the Motor Vehicle Division is proper and in accordance with the provisions of the Implied Consent Act of New Mexico (§§66-8-105 to 66-8-112, NMSA 1978). The hearing process will be conducted pursuant to the regulations found in the New Mexico Administrative Code §18.19.9, found at http://www.tax.state.nm.us/regs/Motor_Vehicle_Code.pdf. The administrative hearing is limited to a consideration of the issues indicated on the Hearing Notice and those listed in Section 66-8-112 (E), NMSA 1978.
DISTINCTION BETWEEN CRIMINAL AND ADMINISTRATIVE HEARING
This hearing is not related to the court hearing on the criminal charge of DWI. Questions about your criminal case should be directed to the clerk of the court hearing your case or your attorney. All questions about this administrative hearing should be directed to the Implied Consent Scheduling Unit of the Hearing Bureau at (505) 827-0358. A DISMISSAL OF THE CRIMINAL CHARGES HAS NO EFFECT ON THE ADMINISTRATIVE HEARING.
CONDUCT OF THE HEARING
Your hearing will be heard by an attorney employed by the Taxation & Revenue Department. The hearing officer is NOT an employee of the Motor Vehicle Division. YOU MUST APPEAR AT THE HEARING AT THE SCHEDULED TIME. The hearing officer will wait only 10 minutes for you. If you do not appear, your license will be revoked. The hearing is informal and the technical rules of evidence do not apply. All testimony must be given under oath. If subpoenaed to the hearing, the Motor Vehicle Division will present its witness first, the police officer(s). Then you may ask relevant questions. After the police officer testifies, you will be given the opportunity to testify and to present any relevant documents or other witnesses. Please have all the evidence, exhibits, and witnesses you intend to present ready at the time of the scheduled hearing. The record will not be left open beyond the day of the hearing, unless ordered by the hearing officer.
You may be represented by an attorney at your own expense. It is the driver’s sole responsibility to secure an attorney. If you are unable to appear at the hearing, you may have an attorney appear on your behalf in order to avoid losing your right to a hearing. Absence of an attorney is not a basis for a continuance. The hearing officer’s written decision (Notice of Result) will be mailed to you, which will explain your appeal rights.
A request for a continuance may be requested in writing if you have good cause and if it is received by the Implied Consent Scheduling Unit at least three (3) working days prior to the day scheduled for the hearing, absent extraordinary circumstances which the requesting party could not have known earlier. No continuance will be granted beyond ninety days after the Notice of Revocation. Fax or mail requests to: Scheduling Unit 505-827-0500 or P.O. Box 630, Santa Fe, New Mexico 87504.
All requests for documents, including DVDs or videos, pertaining to your arrest must be mailed to: Taxation and Revenue Dept., Legal Services Bureau, Attn: DWI Legal, P.O. Box 630, Santa Fe, NM 87504-0630, fax # 505-827-0684. If it receives a request, it can provide copies of documents within the files of the Motor Vehicle Division and can issue a Discovery Order for documents that are in the custody of the police agency. If the police agency does not make available the documents you requested in a timely manner, you should notify the Department in writing, pursuant to regulation 220.127.116.11(C).
Requests to subpoena witnesses must be made in writing to the Implied Consent Scheduling Unit no later than ten (10) days prior to the hearing. The party requesting the subpoenas is responsible for associated costs and for actually serving the subpoenas. Please make sure that all your witnesses are available at the time of the hearing.
CONDUCT OF TELEPHONIC HEARINGS
If the hearing officer is scheduled to appear by telephone, you still must appear in person at the address listed on the Hearing Notice, as required under regulation 18.104.22.168(D). The hearing officer will call the hearing room at that location listed on the Hearing Notice at the time of the scheduled hearing. If you fail to appear at the location listed on the Hearing Notice, you will forfeit your right to a hearing. You may object to the hearing officer appearing by telephone, but any objection to the telephonic notice must be done within ten (10) days from the date on the Important Notice of Telephonic Hearing. If you do not object, you shall be deemed as having consented to the telephonic hearing. All DVDs or other documents must be submitted to the hearing officer prior to the hearing at Scheduling Unit, Hearing Bureau, P.O. Box 630, Santa Fe, New Mexico 87504.
If you do not speak nor understand English, you must bring a person who can translate for you. This person does not have to be a court certified interpreter.