Currently —
6 states — California, Connecticut, New Jersey, New York, Oregon and Washington, plus the District of Columbia and the Virgin Islands — prohibit drivers from using handheld cell phones while driving. All but Washington have primary enforcement.
19 states, the District of Columbia and Guam now ban text messaging by drivers. The 19 are Alaska, Arkansas, California, Colorado, Connecticut, Illinois, Louisiana, Maryland, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Oregon, Rhode Island, Tennessee, Utah, Virginia, and Washington. All but four — Louisiana, New York, Virginia and Washington — have primary enforcement.
Primary enforcement means the handheld/texting offense is reason alone for a citation. Secondary enforcement means the offense can be cited in conjunction with some other traffic offense.
A statewide ban on handheld cell phones and texting failed in the New Mexico Senate during the recent 30-day legislative session. Both are prohibited in Albuquerque, Las Cruces, Santa Fe, Gallup, Española and Taos, however.
“[N]o person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call or create, send or read text messages while such vehicle is in motion.” Hands-free phones are exempt. You are presumed guilty of making or receiving a call if the phone is “in the immediate proximity of” your ear.
In Albuquerque it’s $100 the first time; $200 each successive offense. In Santa Fe, $100. If I were a police officer I could pick up an easy $1000 for the city just driving between here and I-25 (six miles) on any given day. Why is this law so cavalierly violated?