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Petition For Order Of Restoration Of Drivers License Form. This is a New Mexico form and can be use in 11th Judicial District Local District Court.
Tags: Petition For Order Of Restoration Of Drivers License, New Mexico Local District Court, 11th Judicial District
MVD–10233 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guide General Rule This Driver’s License Restoration packet must be completed by any driver whose license has been revoked pursuant to Sec. 66-5-5(D) NMSA 1978, for multiple DWI convictions, who now seeks restoration of full driving privileges, and who does not qualify for the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. Out‐of 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 your driving record from your current state of residence. File your Petition in Santa Fe, Santa Fe County, New Mexico. If you want to appear by telephone, you need to get permission from the judge assigned to your case and follow any instructions given for a telephonic appearance. If the judge grants the Petition you need to obtain a filed copy of that order. You can then reinstate your New Mexico driving privileges by mailing the filed copy of the order, together with evidence of residency in the other state and the reinstatement fee, to the Motor Vehicle Division in Santa Fe, New Mexico. Include your name and date of birth on the order and the check or money order for the reinstatement fee. Include a letter telling MVD that you are enclosing the order and reinstatement fee and want to clear your driving record. Send the information to: Motor Vehcile Division Driver Services Bureau Post Office Box 1028 Santa Fe, NM 87504-1028 If you want to pay by credit card, you will need access to a fax machine. There is an extra fee for paying by credit card. You can call MVD at 1-888-683-4636 to make those arrangements. 2 American LegalNet, Inc. www.FormsWorkFlow.com STATE OF NEW MEXICO COUNTY OF McKINLEY ELEVENTH JUDICIAL DISTRICT ________________________________________, Petitioner, vs. D-1113-CV ______________________ STATE OF NEW MEXICO TAXATION AND REVENUE DEPARTMENT MOTOR VEHICLE DIVISION, Respondent. PETITION FOR ORDER OF RESTORATION OF DRIVER'S LICENSE Petitioner asks this court to order restoration of driving privileges, in accordance with § 66-5-5(D) NMSA 1978. 1. The Motor Vehicle Division has withdrawn my privilege to drive because I have had three or more DWI convictions. 2. It has been __________ years or longer since my last conviction for DWI. A current copy of my driving record is attached. 3. I am prepared to present evidence of good cause to restore my driving privileges. This evidence includes the following: a. ___ I no longer consume alcoholic beverages. b. ___ I have undergone treatment or counseling so that I am no longer dependent on alcohol. (Explain where and when you were treated, attendance at AA meetings, etc. Attach any certificates that you received and any letters from a physician, 3 American LegalNet, Inc. www.FormsWorkFlow.com alcohol counselor, or other professional who can state that you are no longer at risk for substance abuse.) c. ___ I have honored the revocation and have not driven during this time. d. ___ I have attached letters of recommendation to the Petition. WHEREFORE the Petitioner requests that the court issue an Order of Restoration of Driving Privileges. NAME (printed) ________________________________________________ SIGNATURE ___________________________________________________ ADDRESS ____________________________________________________ CITY, STATE, ZIP ______________________________________________ TELEPHONE _____________________________ DATE OF BIRTH __________________________ LICENSE/ID CARD NUMBER _______________________________________ YOU MUST SEND A COPY OF THIS DOCUMENT, AFTER FILING IT WITH THE DISTRICT COURT, TO: Taxation and Revenue Department Legal Services Bureau DWI -Legal Section Post Office Box 630 Santa Fe, NM 87504-0630 4 American LegalNet, Inc. www.FormsWorkFlow.com STATE OF NEW MEXICO COUNTY OF McKINLEY ELEVENTH JUDICIAL DISTRICT ____________________________________, Petitioner, vs. D-1113-CV_____________________ STATE OF NEW MEXICO TAXATION AND REVENUE DEPARTMENT MOTOR VEHICLE DIVISION, Respondent REQUEST FOR HEARING 1. Assigned judge: THE HONORABLE 2. Type of case: Petition for Order of Restoration 3. Jury: Non-jury: XXX 4. Dates of hearings presently set: NONE 5. Specific matter(s) to be heard upon this request: MERITS 6. Estimated total time required: FIFTEEN (15) MINUTES 7. Attach separate sheet(s) listing name, firm, capacity, address, and telephone numbers of all parties entitled to notice. __________________________________________ PETITIONER I certify that a copy of this request for hearing was mailed to all other parties entitled to notice on __________________________ . __________________________________________ PETITIONER 5 American LegalNet, Inc. www.FormsWorkFlow.com ALL PARTIES ENTITLED TO NOTICE PETITIONER: (put your address here) _______________________________________ ________________________________________ RESPONDENT: Legal Services Bureau DWI Legal Post Office Box 630 Santa Fe, NM 87504-0630 (505) 827-9807 6 American LegalNet, Inc. www.FormsWorkFlow.com STATE OF NEW MEXICO COUNTY OF McKINLEY ELEVENTH JUDICIAL DISTRICT ___________________________________, , Petitioner, vs. D-1113-CV-______________________ STATE OF NEW MEXICO TAXATION AND REVENUE DEPARTMENT MOTOR VEHICLE DIVISION, Respondent NOTICE OF HEARING A hearing in this case is set before the HONORABLE ____________________________ as follows: Date of Hearing: _______________________________ Time of Hearing: _______________________________ Length of Hearing: FIFTEEN (15) MINUTES Place of Hearing: McKinley County Courthouse, 207 W. Hill Ave, 2nd Floor, Gallup, NM 87301 Matter(s) to be heard: MERITS THE HONORABLE _______________________________________ By: _____________________________________________ Notice mailed or delivered on date of filing to parties listed on attached sheet. 7 American LegalNet, Inc. www.FormsWorkFlow.com ALL PARTIES ENTITLED TO NOTICE PETITIONER (put your address here): ___________________________________________ ___________________________________________ RESPONDENT: Legal Services Bureau DWI Legal Post Office Box 630 Santa Fe, NM 87504-0630 (505) 827-9807 8 American LegalNet, Inc. www.FormsWorkFlow.com STATE OF NEW MEXICO COUNTY OF McKINLEY ELEVENTH JUDICIAL DISTRICT ______________________________________, Petitioner, vs. D-1113-CV-________________________ STATE OF NEW MEXICO TAXATION AND REVENUE DEPARTMENT MOTOR VEHICLE DIVISION, Respondent ORDER GRANTING PETITION FOR RESTORATION OF DRIVER’S LICENSE This matter came before the court on the testimony of Petitioner, who was required to show good cause why his driving privileges should be restored. The court having considered the testimony and evidence finds that Petitioner demonstrated good cause for restoration. Respondent shall not consider the previous DWI convictions when issuing the license. The court hereby GRANTS the petition and orders Respondent to permit restoration of Petitioner’s driving privileges. ________________________________________ District Judge Disposition Code: 9A Date: ____________ 9 American LegalNet, Inc. www.FormsWorkFlow.com New Mexico District Courts First Judicial District http://firstdistrictcourt.com Santa Fe, Rio Arriba and Los Alamos Counties District Court Clerk Sixth Judicial District Third Judicial District Attn: Civil Division Luna, Grant and 201 W. Picacho, Suite A Hidalgo Counties Las Cruces, New Mexico 88005 (575) 523-8296 Grant County (#0608) Los Alamos County (#0132) (Filings only accepted in Santa fe or Rio Arriba Counties) District Court Clerk First Judicial District County of Los Alamos P.O. Box 2268 Santa Fe, New Mexico 87504-2268 Rio Arriba County (#0117) District Court Clerk First Judicial District County of Rio Arriba Attn: Civil Division P.O. Drawer 40 Tierra Amarilla, New Mexico 87575 (505) 588-0058 Fourth Judicial District San Miguel, Mora and Guadalupe Counties San Miguel County (#0412) Mora County (# 0430) District Court Clerk Sixth Judicial District Attn: Civil Division P.O. Box 2339 Santa Rosa, New Mexico 88435 (575) 538-3250 Luna County (#0619) District Court Clerk Fourth Judicial District Attn: Civil Division P.O. Box 1540 Las Vegas, New Mexico 87701 (505) 425-7281 District Court Clerk Sixth Judicial District Attn: Civil Division 855 South Platinum Deming, New Mexico 88030 (575) 546-9611 Guadalupe County (#0424) Hidalgo County (#0623) District Court Clerk Fourth Judicial District Attn: Civil Division 420 Parker Ave. #5 Santa Rosa, New Mexico 88435 Fifth Judicial District District Court Clerk Sixth Judicial District Attn: Civil Division P.O. Box 608 Lordsburg, New Mexico 88045 (575) 542-3411 www.fifthdistrictcourt.com Seventh Judicial District Eddy, Lea, and Chaves Counties Torrance, Socorro, Catron and Sierra Counties Eddy County (#0503) Torrance County (#0722) District Court Clerk Fifth Judicial District Attn: Civil Division 102 N. Canal, Suite 240 Carlsbad, New Mexico 88200-5750 (575) 885-4740, x111 District Court Clerk Seventh Judicial District Attn: Civil Division P.O. Box 78 Estancia, New Mexico 87016 (505) 384-2974 Lea County (#0506) Catron County (#0728) (Filings are only accepted in Socorro County) Third Judicial District District Court Clerk Fifth Judicial District Attn: Civil Division P.O. Box 6-C 100 N. Main Street Lovington, New Mexico 88260 (575) 396-8571 www.thirddistrictcourt.com Chaves County (#0504) Santa Fe County (#0101) (505) 472-3888 District Court Clerk First Judicial District County of Santa Fe Attn: Civil Division P.O. Box 2268 Santa Fe, New Mexico 87504-2268 (505) 476-0189 Second Judicial District www.seconddistrictcourt.com Bernalillo Bernalillo County (#0202) District Court Clerk Second Judicial District Attn: Civil Division P.O. Box 488 Albuquerque, New Mexico 87103-0488 (505) 841-7451 Dona Ana Dona Ana County (#0307) District Court Clerk Seventh Judicial District County of Catron Attn: Civil Division P.O. Drawer 1129 Socorro, New Mexico 87801 (575) 835-0050 District Court Clerk Fifth Judicial District Attn: Civil Division 400 N. Virginia Roswell, New Mexico 88202 (575) 622-2212 10 American LegalNet, Inc. www.FormsWorkFlow.com Socorro County (#0725) District Court Clerk Seventh Judicial District Attn: Civil Division P.O. Drawer 1129 Socorro, New Mexico 87801 (575) 835-0050 Roosevelt County (#0911) McKinley County (#1113) District Court Clerk Ninth Judicial District Attn: Civil Division 109 W. First Street Portales, New Mexico 88130 (575) 356-4463 District Court Clerk Eleventh Judicial District Attn: Civil Division 207 West Hill, #200 Gallup, NM 87301 (505) 863-6816 Tenth Judicial District Twelfth Judicial District Quay, Harding and DeBaca Counties www.12thdistrict.com Sierra County (#0721) District Court Clerk Seventh Judicial District County of Sierra Attn: Civil Division P.O. Box 3009 Truth or Consequences, NM 87901 (575) 894-7167 Eighth Judicial District Union, Colfax and Taos Counties DeBaca County (#1027) District Court Clerk Tenth Judicial District Attn: Civil Division P.O. Box 910 Fort Sumner, NM 88119 (575) 355-2896 Union County (#0818) Harding County (#1031) District Court Clerk Eighth Judicial District Attn: Civil Division P.O. Box 310 Clayton, New Mexico 88415 (575) 374-9577 District Court Clerk Tenth Judicial District Attn: Civil Division P.O. Box 1002 Mosquero, NM 87733 (575) 673-2252 Colfax County (#0809) District Court Clerk Eighth Judicial District Attn: Civil Division P.O. Box 150 Raton, New Mexico 87740 (575) 445-5585 Otero and Lincoln Counties Otero County (#1215) District Court Clerk Twelfth Judicial District Attn: Civil Division 1000 New York Ave. #209 Alamogordo, NM 88310 (575) 437-7310, x110 Quay County (#1010) Taos County (#0820) District Court Clerk Eighth Judicial District Attn: Civil Division 105 Albright Street, Suite H Taos, New Mexico 87571 (575) 758-3173 Ninth Judicial District Lincoln County (#1226) District Court Clerk Twelfth Judicial District Attn: Civil Division P.O. Box 725 Carrizozo, New Mexico 88301-0725 Thirteenth Judicial District District Court Clerk Tenth Judicial District Attn: Civil Division P.O. Box 1067 Tucumcari, New Mexico 88401 (575) 461-2764 www.13districtcourt.com Sandoval, Cibola and Valencia Counties Sandoval County (#1329) Eleventh Judicial District www.11thjdc.com San Juan and McKinley Counties District Court Clerk Thirteenth Judicial District Attn: Civil Division 1500 Idalia Rd. Bldg A Bernalillo, New Mexico 87004 (505) 867-2376 San Juan County Farmington (#1116) Cibola County (#1333) District Court Clerk Eleventh Judicial District Attn: Civil Division 851 Andrea Drive, Suite 3 Farmington, NM 87401-6726 (505) 326-2256 District Court Clerk Thirteenth Judicial District Attn: Civil Division P.O. Box 758 Grants, New Mexico 87020-0758 (505) 287-8831 San Juan County Aztec (#1116) Valencia County (#1314) www.nmcourts9thjdc.com Roosevelt and Curry Counties Curry County (#0905) District Court Clerk Ninth Judicial District Attn: Civil Division 700 N. Main Street, Suite 11 Clovis, New Mexico 88101 (575) 762-9148 District Court Clerk Eleventh Judicial District Attn: Civil Division 103 South Oliver Drive Aztec, New Mexico 87410 (505) 334-6151 District Court Clerk Thirteenth Judicial District Attn: Civil Division P.O. Box 1089 Los Lunas, New Mexico 87031 (505) 865-9654 11 American LegalNet, Inc. www.FormsWorkFlow.com