Due Care-Speed

Legal Definition

A person commits this offense by driving at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. The statute requires drivers to control their speed to avoid colliding with any person, vehicle, or other conveyance on or entering the highway, in compliance with legal requirements and the duty of all persons to use due care.

Possible Punishment

This is a civil traffic violation subject to a penalty assessment. Fines and assessments vary by jurisdiction and circumstances, typically ranging from approximately $30 to $100 plus court costs and surcharges. No jail time is imposed for a civil traffic violation, though accumulation of points may result in license suspension under separate administrative proceedings.

Criminal Traffic Cases in Doña Ana County

Not every traffic offense is a ticket. Driving on a suspended or revoked license, reckless driving, and fleeing an officer are criminal charges that end in booking rather than a citation, and they appear constantly in our feed. Suspended-license charges in particular tend to snowball: unpaid fines lead to suspension, driving anyway leads to arrest, and missing the court date adds a bench warrant.

Criminal traffic cases are heard in Las Cruces Municipal Court for city violations and Doña Ana Magistrate Court for state charges. If alcohol or drugs are involved, the case moves into DWI territory with its own mandatory penalties.

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