Texting and driving is prohibited in the State of New Mexico.
Using a mobile device is prohibited when in control of a motor vehicle on a street including when stationary at a stop sign or traffic light. It does not include its use when pulled over to the side of the road or stopped at a location where it can be used safely.
All mobile communications devices are prohibited from being used when driving including cell phones and tablets. Navigation systems integrated into the vehicle and hands-free devices that can be voice-operated are exempt.
“Texting” includes any kind of digital communication including electronic mail, instant messaging, image communication, website use and social media engagement.
The fines for texting and driving in New Mexico are $100 for a first offense and $200 for a second offense; however, some city councils have enacted ordinances that have increased these fines. Please check with your local district for information on the most current penalties. Misdemeanors do not include violations that caused or contributed to a crash resulting in injury or death to a person. Additional fines and/or imprisonment may occur if combined with other offenses such as reckless driving, speeding, etc.
It is illegal for learner’s permit and intermediate license holders to text while driving and talk on a cell phone while driving.
Exceptions: A person may use their phone to summon medical or other emergency help. Drivers holding a valid amateur radio operator license issued by the federal communications commission are exempt.
*Laws are always changing. We cannot guarantee the accuracy or completeness of the information contained herein. Please visit New Mexico legislature, https://www.nmlegis.gov for the most current laws.