Cases

Lopez v. Singh, Dist. Court, D. New Mexico (2024)

A commercial driver’s history of safety violations, including a refusal to submit to a federally mandated drug test, supported the plaintiff’s claim for punitive damages following a rear-end collision. The driver was hired by a trucking company despite a known Drug and Alcohol Clearinghouse violation, and he later caused a crash while operating a commercial vehicle. The court found that this hiring decision, along with continued employment despite the unresolved violation, could demonstrate reckless indifference to public safety. As a result, the court denied the employer’s motion for partial summary judgment, allowing the punitive damages claim to proceed.

Dominguez v. State of New Mexico Taxation and Revenue…, Not Reported in P.3d…(2010)

IMPLIED CONSENT Driver’s failure to give a second breath sample two hours after the first one did not amount to a refusal under the Implied Consent Act (ICA) that warranted the revocation of his license. The driver was arrested under the suspicion that he was driving while intoxicated. He agreed to a breath test and gave the first sample, but afterwards the machine indicated that it was out of tolerance. By the time it was fixed two hours later, the driver refused to give a second sample. His failure to give a second sample did not amount to a refusal because, under the ICA, he was only required to give two samples within 15 minutes. NMAC 7.33.2.12(B)(1).

Moffitt v. Motor Vehicle Div., Dept. of Taxation and Revenue, Not Reported in P.3d (2010)

Driver received adequate notice of his license revocation hearing, even though he did not actually receive notice of the hearing. Actual notice was not required in administrative license hearings, and the Motor Vehicle Division took actions that were reasonably calculated to provide notice of the hearing by sending notice by certified mail to the driver’s counsel. The fact that it was never picked up did not mean that the Division failed to give reasonable notice of the hearing.

State v. Smith, 136 N.M. 372, 98 P.3d 1022 (N.M. 2004)

Stating that during its 2003 session, the state legislature passed three bills to amend Section 66-8-102, the DWI statute. On March 19, 2003, the governor signed House Bill (HB) 250, 2003 Leg., 46th Sess. (N.M.2003), 2003 N.M. Laws, ch. 51, § 10, which lowered the limit for commercial drivers’ blood or breath alcohol concentration to .04, and repeated, without change, the existing penalty provisions of Section 66-8-102(G).

Statutes

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol)

Serious Traffic Offenses

Disqualification (Railroad Crossings)

Disqualification (Out of Service Orders)

Identification of Conviction

Masking Convictions

10-Day Posting Requirement

Applicability

Resources

News

Broadcast Library

Traffic Jam: How Commercial Drivers Impact Human Trafficking

Course Description:

Judges across all dockets may encounter trafficking-related cases without recognizing them as such. These cases can appear under the guise of routine traffic violations, civil disputes, or low-level criminal charges, yet they may involve key indicators of exploitation and coercion.

This webcast provides judges with the knowledge to identify and respond to trafficking within the context of commercial transportation. It explores federal and state laws, highlights real-world scenarios, and offers practical guidance for spotting red flags, addressing misconceptions, and supporting victims through informed judicial action.

Understanding the intersection of human trafficking and CMVs is not optional—it is essential. Judicial awareness and leadership play a critical role in disrupting exploitation and advancing justice in every courtroom.

Course Objectives:

After this course, participants will be able to:

• Identify and define the forms and prevalence of human trafficking;
• Develop techniques to respond to human trafficking cases; and
• Understand the unique laws governing CDL holders facing trafficking charges.

Fundamentals of “Masking” and Suspensions for CDL Holders in Traffic and Criminal Courts

Course Description:

The practice of “masking” violations or the unwarranted reduction of charges for Commercial Drivers in Traffic and Criminal Courts across America is fairly common. When CDL drivers are afforded these opportunities, they often lead to less safe roads and highways for all drivers and passengers. Additionally, the likelihood of more crashes involving CDL holders is increased, which often leads to severe injury or death. To combat this challenge, it is necessary for judges, as the guardrails of the judicial system, to be aware of the basic rules which govern CDL holders by reporting convictions and imposing license suspensions where required by law. This course will provide judges the necessary information and tools to identify, address and combat and respond to “masking” when cases appear in the courtroom.

Course Objectives:

After this course, participants will be able to:

  • Identify applicable Federal and state CDL/CMV laws;

  • Determine what constitutes “masking”;

  • Discover the unique definition of a “conviction” under CDL/CMV laws;

  • Summarize the major components related to Access to Justice;

  • Hone techniques designed to improve in-court caseflow management and identify CDL cases with potential masking problems;

  • Balance Procedural Fairness concerns to avoid federal masking violations;

  • Develop ethical and efficient procedures for handling of CDL/CMV cases in their courts.