Frequently Asked Questions About Texting and Driving in New Mexico
There are several ways police can prove you were texting and driving. First, they may observe you doing so. While this might be considered your word against theirs, in many cases, officer observation holds more water.
Another way police can prove you were texting and driving is based on phone records. Your phone records will show that you had incoming and outgoing messages that were read or not read in a specific timeframe. However, in New Mexico, observing texting and driving does not give an officer the right to search your cell phone and they may need to get a warrant for your phone records in order to prove you were texting and driving this way.
Officers can also use video cameras and surveillance in the area to prove that you were texting and driving, but this may also require a warrant.
No. It is illegal to use your phone to text at a red light in New Mexico. Being stopped at a red light is still considered operating a motor vehicle in New Mexico. If a police officer sees you texting at a stoplight, you may incur fines or get a moving violation.
Yes! There are a few times you can look at your phone to text or type while driving in New Mexico. These include:
- When you’re using GPS or navigational maps.
- When there is a touch screen device connected to the car.
- When you have voice-operated or hands-free texting.
- When you’re contacting emergency personnel for help.
If you are in a wreck and you were texting while driving, you may be found 100% at fault for the car crash. This can lead to higher premiums for you from your car insurance company. Additionally, if it is your first offense, and the main reason you were pulled over, you could receive a $25.00 fine. If it is your second offense or any offense after that, it will be a $50.00 fine.