Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. 68-91

September 5, 1968

BY: OPINION OF BOSTON E. WITT, Attorney General

TO: Mr. Louis R. Lopez Administrative Assistant Court Administrator's Office Supreme Court Building Santa Fe, New Mexico

QUESTION

QUESTION

Does a Justice of the Peace have jurisdiction under Section 64-22-19, N.M.S.A., 1953 Compilation (P.S.)?

CONCLUSION

No.

OPINION

{*143} ANALYSIS

Section 64-22-19, N.M.S.A., 1953 Compilation (P.S.) reads:

"Minor driving motor vehicle while possessing alcoholic liquor -- Suspension of driver's license. -- Upon determination that a minor has violated the provisions of this act, the judge trying the case shall suspend the minor's driver's license for a period of not less than one (1) day but for not more than any period of time which runs past the twenty-first birthday of such minor."

The preceding section to 64-22-19, supra, of the Motor Vehicle Code. (64-22-18), states that:

"Any person under the age of eighteen (18) years of age who violates Section 1 (64-22-17) of this act (64-22-17 to 64-22-20) shall be charged as a juvenile offender." (Emphasis supplied).

Since only the juvenile court judge has original jurisdiction over juvenile offenders, the Justice of the Peace is precluded from having jurisdiction, Section 13-8-26, N.M.S.A., 1953 Compilation (P.S.). Therefore, the answer to your question is no.

By: Spencer T. King

Assistant Attorney General

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.