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Drivers License Restoration Packet MVD-10223 - New Mexico

Drivers License Restoration Packet Form. This is a New Mexico form and can be used in McKinley County 11th Judicial District Local District Court .
 Fillable pdf Last Modified 12/18/2013
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MVD­10233 INT. 08/09 New Mexico Taxation & Revenue Department, Motor Vehicle Division DRIVER'S LICENSE RESTORATION A step-by-step guide General Rule This Driver's License Restoration packet must be completed by any driver whose license has been revoked pursuant to Sec. 66-5-5(D) NMSA 1978, for multiple DWI convictions, who now seeks restoration of full driving privileges, and who does not qualify for the single exception described below. One Exception If you only have three DWI convictions, but your driving privileges are revoked for 10 years, you may be able to obtain a full license before the 10-year time period is over and without going to court. You may be eligible for a full license if you have had an interlock license for at least three years and have not had any violations on the interlock device for the previous six months. If you believe you qualify, you should complete the "Review of 10-Year Revocation Interlock Compliance" form (MVD-10454) and proceed with the instructions included in that form. The form is available from any Motor Vehicle Division field office or on-line at http://www.tax.state.nm.us/forms/mvd/mvd_form.htm. If you do not qualify for that one exception, follow the instructions below for New Mexico Residents or Out-ofState Residents (whichever applies). New Mexico Residents 1. You need a current copy of your driving record. You can obtain a copy from your local New Mexico Motor Vehicle Division office; or you can request it by mail or telephone (1-888-683-4636). 2. Check your driving record to see if you are eligible for restoration. If the revocation period is not over you are not eligible to apply for restoration. 3. Fill in the blanks on the Petition for Order of Restoration of Driver's License (beginning on page 3 of this packet) as completely as you can. The court clerk will assign a case number and a judge. The judge will set the matter for a hearing. Because you are the Petitioner, you need to include your name, date of birth, address, and telephone number. When you answer the questions, be honest. 4. It is important that you correctly identify the County, Judicial District and Petitioner (yourself) at the top of the first Petition page (page 3 of this packet) and on each of the succeeding pages, including the Request for Hearing (page 5), the Notice of Hearing (page 7) and the Order Granting Petition for Restoration of Driver's License (page 9). All of these forms must be included with your Petition submittal. 5. The law states that you are required to demonstrate good cause to have your driving privileges restored. Good cause is not your need for a license or evidence that a license will improve your work situation or make your life easier. Good cause is evidence that you addressed your substance abuse problem and no longer pose a risk to the public if granted a license. You should attach any letters from people who know you (like your employer) and any evidence of treatment for a drug or alcohol problem. You can bring people to testify on your behalf to any hearing in this matter. 6. After you have filled out the Petition and attached all the letters and certificates, make two copies. You will also need two stamped envelopes. One envelope should have your return address on it; the other envelope needs to be addressed to: Taxation and Revenue Department, Legal Services Bureau, DWI-Legal, P.O. Box 630, Santa Fe, NM 87504-0630. These envelopes are for the court to use to notify you and the Department of the hearing. 7. You then need to file the Petition in the district court in the county in which you live. Call the district court clerk to find out what the filing fee is and what method of payment is acceptable. If you cannot afford to pay the filing fee, you can ask a judge to allow free process. A form for that purpose is available from the court. 8. Give the court clerk the original Petition, along with the two stamped envelopes, and ask the clerk to endorse the two copies of the Petition ­ this means that the clerk will stamp the copies to indicate the filing date. The clerk will keep the envelopes. Keep one copy of the Petition for your records. The court is not responsible for sending a copy of the Petition to the Taxation and Revenue Department. 9. It is your responsibility to send the Department a filed copy of the Petition, including all attachments. You need to do this even if you obtain free process. The Department will not accept a Petition that has not been 1 filed in court. Send the filed copy of the Petition, along with all attachments, to: American LegalNet, Inc. www.FormsWorkFlow.com Taxation and Revenue Department Legal Services Bureau DWI-Legal Section Post Office Box 630 Santa Fe, NM 87504-0630 10. An attorney with the Department will respond to your Petition and send you a copy. The judge will set a hearing and notify you and the Department's attorney of the date and time. At the hearing, be prepared to present testimony and evidence to establish good cause. If you have letters or certificates you want to present and that were not attached to the Petition, you need to send those to the Department before your hearing. Those documents should be sent to the address listed above. 11. If the judge grants your Petition, the judge will sign the order and may file it on your behalf. You need to obtain a filed copy of the order from the clerk's office. There may be a fee for obtaining a copy of the order. 12. To get your license, take the filed copy of the court order to any Motor Vehicle Division office and apply for a driver's license . You will need to provide proof of identity, proof of your social security number, two documents to prove you live in New Mexico, and liability insurance. When you apply, you will be required to pay the reinstatement fee, any other fees you owe, and the license fee. The law also requires that you have an interlock license for at least six months her fees you owe, and the license fee. The law also requires that you have an interlock license for at least six months during the revocation period. The judge cannot reduce or forgive any Motor Vehicle fees. You will also be required to take the written test and the vision test. You may be required to take the driving test. Outof State Residents If you live out of state and do not want a New Mexico license, you still need to apply for an order restoring you New Mexico driving privileges. Follow steps 1-11 listed above. You should also include a copy of you
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