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§ 66-7-201 NMSAThird Degree Felony Traffic

Failure To Stop And Render Aid

Legal Definition

A person commits this offense when, as the driver of a vehicle involved in an accident resulting in injury to or death of any person, they fail to immediately stop at the scene, remain there, and render reasonable assistance to any injured person. The driver must also provide their name, address, and vehicle registration number to the injured person, any witness, or a peace officer. Leaving the scene of an accident with injuries without fulfilling these duties constitutes this offense.

Possible Punishment

Basic sentence of 3 years imprisonment; fine up to $5,000. If the accident resulted in the death of a human being, the basic sentence is 6 years imprisonment. A mandatory period of parole follows release. This offense carries significant consequences because it involves abandoning victims who may require immediate medical attention.

Local Context

Commonly known as 'hit and run' involving injury or death. A separate, lesser offense exists for failure to stop at an accident involving only property damage (§ 66-7-202 NMSA, a misdemeanor). The duty to render aid includes calling for medical assistance if the driver is unable to provide it personally. Prosecution does not require proof that the driver caused the accident, only that they were involved and failed to stop and assist.

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.

Related Guides

Recent Arrests for This Charge (1)

Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.