Cell Phones and Texting: Distracted Driving Laws in New Mexico

New Mexico has some of the more relaxed laws when it comes to using cell phones and texting while driving. It is illegal for a driver with a learner’s permit or an intermediate license holder to text or talk on a cell phone while driving. Those who have a normal operator’s license do not have any restrictions.


  • A driver with a learner’s permit is not allowed to use a cell phone or text while driving
  • A driver with an intermediate license cannot use a cell phone or text while driving
  • All other drivers may use a cell phone or text while driving

Even though there is no statewide ban on texting and driving, there are some cities that have local ordinances against using a cell phone or texting while driving. These cities include:

  • Albuquerque
  • Santa Fe
  • Las Cruces
  • Gallup
  • Taos
  • Espanola

If a police officer catches you texting while driving or using a cell phone when you are not supposed to be using one, you can be pulled over without having committed any other violation. If you are caught in one of the cities that have bans on cell phones or texting, the fine can be up to $50.

Just because New Mexico does not have a statewide ban on using a cell phone or texting while driving, does not mean that it is a good idea to do so. Distracted drivers are much more likely to get into an accident. For your safety and the safety of those around you, put your cell phone away or pull over to the side of the road if you need to make a phone call.

The statements expressed above are only for informational purposes and should be independently verified. Please see our terms of service for more details

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