Last verified: January 2026. This page reflects current New Mexico Statutes NMSA 66-7-201 through 66-7-206 governing hit and run offenses.
📑 Table of Contents (click to expand)
Quick Summary: New Mexico Hit and Run Laws
Under NMSA 66-7-201 through 66-7-203, New Mexico drivers who leave the scene of an accident face criminal penalties ranging from misdemeanor to felony depending on the severity of harm:
- Property damage only: Misdemeanor, up to 6 months to 1 year in jail and $1,000 fine
- Personal injury (not great bodily harm or death): Fourth-degree felony, up to 18 months in prison and $5,000 fine
- Great bodily harm or death: Third-degree felony, up to 3 years in prison and $5,000 fine
- DUI hit and run with death or great bodily harm: Second-degree felony, up to 9 years in prison and $10,000 fine
- Report requirement: Accidents involving death, injury, or damage over $500 must be reported within 5 days
- Fault state: New Mexico follows a pure comparative fault rule
References:
- NMSA 66-7-201: Accidents Involving Death or Personal Injuries
- NMSA 66-7-203: Duty to Give Information and Render Aid
Your Legal Obligations at the Scene of an Accident
NMSA 66-7-203, “Duty to Give Information and Render Aid,” establishes your legal requirements after any accident. You must:
- Stop immediately: Stop your vehicle at the scene without interfering with traffic more than necessary
- Provide information: Give your name, address, and vehicle registration to the other driver, property owner, victim, or occupant of the struck vehicle
- Show your license: Upon request, exhibit your driver’s license to the other party or law enforcement
- Render assistance: Provide reasonable help to anyone injured in the accident
Note: Under NMSA 67-7-1 (“Obstructing Roads”), obstructing traffic is a misdemeanor punishable by 5 to 30 days in jail or a fine up to $300. If stopping at the exact scene would create a hazard, you may move your vehicle to a safe nearby location for property damage accidents. However, if someone dies or there are hazardous materials involved, do not move your vehicle until instructed by emergency personnel.
Misdemeanor Hit and Run in New Mexico
Under NMSA 66-7-201(D), leaving the scene of an accident that results only in property damage is a misdemeanor. You are also guilty of misdemeanor hit and run if the accident results in injuries that do not constitute “great bodily harm.”
Penalties include:
- Up to 6 months to 1 year in jail
- Maximum fine of $1,000
- License suspension
Hitting an Unattended Vehicle
If you strike an unattended vehicle or property:
- Make a reasonable effort to locate the property owner
- If you cannot find the owner, leave a note on a conspicuous section of the vehicle with your name, address, vehicle registration, and contact information
- Report the accident to police
Failing to take these steps is a misdemeanor.
Reportable Accidents in New Mexico
NMSA 66-7-206 requires you to report any accident resulting in:
- Death or bodily injury to any person
- Property damage exceeding $500
You must notify police “by the quickest means of communication” at the scene. Within a municipality, report to the police department; otherwise, report to the county sheriff or nearest New Mexico State Police office.
You have 5 days to submit a written report to the New Mexico Department of Transportation.
Failure to report can result in misdemeanor charges. Additionally, your insurance company may deny compensation if you fail to report the accident properly.
Felony Hit and Run in New Mexico
New Mexico categorizes felony hit and run based on the severity of injury:
Fourth-Degree Felony
Under NMSA 66-7-201(E), knowingly failing to stop or comply with statutory requirements when an accident results in personal injury (but not great bodily harm or death) is a fourth-degree felony.
- Up to 18 months in prison
- Maximum fine of $5,000
- License suspension
Third-Degree Felony
Under NMSA 66-7-201(C), knowingly failing to stop or comply with statutory requirements when an accident results in great bodily harm or death is a third-degree felony.
- Up to 3 years in prison
- Maximum fine of $5,000
- License suspension or revocation
What Constitutes “Great Bodily Harm”?
NMSA 30-1-12 defines great bodily harm as:
“An injury to the person which creates a high probability of death; or which causes serious disfigurement; or which results in permanent or protracted loss or impairment of the function of any member or organ of the body.”
Examples include limb loss, organ damage, facial disfigurement, and paralysis.
Vehicular Homicide and DUI
NMSA 66-8-101 defines vehicular homicide as “the killing of a human being in the unlawful operation of a motor vehicle.”
- Reckless driving causing death: Third-degree felony, up to 3 years prison
- DUI causing death: Second-degree felony, up to 9 years prison and $10,000 fine
- DUI causing great bodily harm: Second-degree felony
A single incident can lead to multiple charges, including DUI, leaving the scene, vehicular assault, reckless driving, and vehicular homicide.
Implied Consent
New Mexico has “implied consent” laws. By operating a vehicle, you automatically consent to alcohol and drug testing. If you refuse testing:
- Your refusal can be used against you in court
- Your license will be suspended for up to one year
- Enhanced penalties may apply upon conviction
New Mexico Hit and Run Penalties Summary
- Property damage hit and run: Misdemeanor, up to 1 year jail, $1,000 fine
- Hit and run with injury: Fourth-degree felony, up to 18 months prison, $5,000 fine
- Hit and run with great bodily harm or death: Third-degree felony, up to 3 years prison, $5,000 fine
- Reckless driving causing death: Third-degree felony, up to 3 years prison
- DUI hit and run (death or great bodily harm): Second-degree felony, up to 9 years prison, $10,000 fine
- Failure to report: Misdemeanor, additional penalties possible
Upon conviction for any of these offenses, the court will suspend or revoke your driver’s license.
New Mexico Crash Statistics
New Mexico has one of the highest traffic fatality rates in the nation:
- 2024 traffic fatalities: 401 deaths statewide (preliminary data)
- 2023 traffic fatalities: 436 deaths
- 2024 pedestrian fatalities: 94 pedestrians killed, a decline from previous years
- National ranking: New Mexico’s 2024 traffic fatality rate was the 10th highest in the United States
- Alcohol involvement: Approximately 40% of New Mexico traffic crash fatalities involve alcohol
- Work zone fatalities: 53 deaths in highway work zones from 2019 to 2023
Despite fatalities dropping each of the last three years, the state continues to implement safety initiatives through the New Mexico Department of Transportation.
Notable New Mexico Hit and Run Cases
State v. Habermehl Case Defendants (2024)
In May 2024, 63-year-old physicist Scott Dwight Habermehl was killed while cycling to work at Sandia National Laboratories in Albuquerque. Initially believed to be an accident, investigators later discovered that three juveniles deliberately struck him with a stolen vehicle while recording the incident on video.
In March 2025, police charged a 13-year-old (believed to be the driver) with murder, took an 11-year-old into custody, and arrested a 15-year-old. The case drew national attention and comparisons to a similar incident in Las Vegas involving teenagers who intentionally struck a retired police chief. The charges underscore that prosecutors will pursue murder charges when evidence shows intentional conduct rather than negligence.
Civil Liability and How Fault is Determined
New Mexico follows a pure comparative fault rule. This means you can recover compensation even if you were primarily responsible for the accident. However, your recovery is reduced by your percentage of fault.
For example, if you are 70% at fault and damages total $100,000, you can still recover $30,000 (the other party’s 30% share of responsibility).
Statute of Limitations:
- Personal injury claims: 3 years from the date of accident
- Property damage claims: 4 years
- Wrongful death claims: 3 years from the date of death
What to Do After an Accident
To protect your legal rights:
- Never admit fault or use phrases like “I’m sorry” or “It was my fault”
- Fulfill all statutory requirements before leaving the scene
- Seek medical attention and do not comment on your health until examined by a professional
- Document everything that might help police find the other driver
- Stay at the scene unless you have a valid reason to leave (such as personal safety)
- Notify law enforcement immediately and file a written report within 5 days
- Contact your insurer; for serious accidents, speak with an attorney first
If you are a victim, the court may interpret the other driver’s departure from the scene as evidence of guilt.
Possible Defenses to Hit and Run Charges
Defenses depend on the specific facts of your case:
- Safety concerns: You felt threatened or believed remaining at the scene would result in more harm
- Compliance: You fulfilled your statutory requirements
- Involuntary departure: Leaving the scene was not voluntary
- No damage or injury: The victim suffered no injuries and there was no property damage
- Lack of knowledge: You were unaware an accident occurred
Important: Once you leave the scene, an accident becomes a crime. You cannot leave and then return without facing potential charges. If you must leave for safety reasons, contact law enforcement immediately.
Frequently Asked Questions
How long do I have to report an accident in New Mexico?
You must notify police immediately using the quickest means available. You then have 5 days to submit a written report to the New Mexico Department of Transportation for accidents involving death, injury, or property damage over $500.
What if I cannot stop safely at the scene?
For property damage accidents, you may move your vehicle to a safe nearby location before exchanging information. However, if someone dies or if hazardous materials are involved, do not move your vehicle until instructed by emergency personnel or law enforcement.
Can I be charged with both hit and run and vehicular homicide?
Yes. A single set of facts can lead to multiple charges, including hit and run, vehicular homicide, DUI, and reckless driving depending on the circumstances.
Will refusing a breathalyzer affect my case?
Yes. Under New Mexico’s implied consent law, refusing testing results in automatic license suspension for up to one year. Your refusal can also be used as evidence against you in court, and enhanced penalties may apply upon conviction.
What if the victim was partially at fault?
New Mexico’s pure comparative fault rule allows victims to recover damages even if they were partially responsible. However, this does not excuse leaving the scene. You must still fulfill your legal obligations regardless of who caused the accident.