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

Labor Trafficking Awareness

Human Trafficking Truck Stop Awareness

Broadcast Library

Labor Trafficking Awareness

The following dramatized scenarios depict indicators of labor trafficking — a crime committed when a trafficker uses force, fraud, or coercion to compel another person to work for little or no wages. Human trafficking victims are often invisible because we do not recognize indicators of human trafficking. In this video, the CDL holder reacted quickly and decisively, recognizing the warning signs and providing the girls with the help they needed. Identifying signs of human trafficking and reporting a tip may save a life.

(DHS Video by Blue Campaign/Released)

Human Trafficking Truck Stop Awareness

This video depicts a human trafficking scenario taking place at a truck stop and shares how truck stop employees and truck drivers can report it. (DHS Video by Blue Campaign/Released)

Traffic Jam: How Commercial Drivers Impact Human Trafficking in Courts

Course Description:

This webcast explores the complex and pressing issue of human trafficking (both labor and sex) through the lens of judicial leadership and commercial transportation. This session sheds light on how commercial motor vehicle (CMV) drivers can play a pivotal role in perpetuating and preventing human trafficking crimes. Participants are guided through foundational frameworks, federal and state legal structures, and real-world implications of trafficking. Emphasis is placed on breaking myths, spotting signs of exploitation, and fostering proactive judicial responses in local contexts.

 

Course Objectives:

After this course, participants will be able to:

  • Understand the forms, tactics, and prevalence of human trafficking, including distinctions between sex and labor trafficking.

  • Gain practical strategies for identifying trafficking indicators and effectively respond to cases in judicial and community contexts, and

  • Comprehend the unique legal frameworks affecting Commercial Driver’s License (CDL) holders, particularly the implications of trafficking-related convictions under the No Human Trafficking on Our Roads Act.

Impaired Driving and Alcohol/Drug Issues within Commercial Drivers’ License (CDL) and Commercial Motor Vehicle Cases

Course Description:

This national webcast provides judges with a comprehensive overview of current laws and emerging issues related to impaired driving within the context of Commercial Drivers’ License (CDL) and Commercial Motor Vehicles (CMV) cases. Topics include the federal and state legal frameworks governing alcohol and drug use among commercial drivers, with a particular focus on marijuana-related offenses and enforcement challenges.

 

Course Objectives:

After this course, participants will be able to:

● Identify current CDL/CMV alcohol and drug impaired driving elements and issues;

● Explain the concept of “masking” within CDL/CMV cases and recognize its state & federal impacts; and

● Reinforce foundational knowledge of current compliance requirements for CDL/CMV impaired driving cases.

Come to Order

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode One: Autonomous Vehicles, Part I – December 2, 2024

The first of a four-part series on autonomous vehicles, this episode introduces judges to levels 0-2 vehicles in the autonomous vehicle taxonomy and discusses emerging legal issues starting to appear in courtrooms. Level 1 and Level 2 (which includes Tesla cars and trucks) are prevalent on the roads across the country today. Judicial Ambassadors Judge Thomas Fowler from Arkansas and Judge Gayle Williams-Byers lead the discussion. Hosted by NJC Communications Director Barbara Peck.

Autonomous Vehicles – Part II – December 9, 2024

This episode of Come to Order continues the discussion on autonomous vehicles, focusing on level 4 and level 5 vehicles. The judges discuss the future of passenger vehicles at this level as well as commercial level 4 vehicles that are on the road today.

Autonomous Vehicles – Part III – December 30, 2024

In the third episode in our series on autonomous vehicles, Judge Fowler and Judge Williams-Byers analyze how advancements in vehicle technology could impact impaired driving cases. When do drivers have actual physical control over autonomous vehicles and what impact will a law’s use of the word operating versus driving impact a case? Tune in to find out!

Autonomous Vehicles – Part IV – January 16, 2025

In this fourth and final episode on autonomous vehicles, Judges Fowler and Williams-Byers analyze the probable cause and privacy issues that arise with autonomous vehicles. How are level one and two autonomous vehicles hindering basic traffic stops today and what happens if police stop a fully autonomous vehicle with no driver? Judges, listen to find out!

Putting the Brakes on Human Trafficking

Presentation by Judge Gayle Williams-Byers (Ret.)