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Your Phone Behind the Wheel

Section 66-7-374 — no reading, viewing or typing a text on a handheld device while driving

A driver may not read or view a text message, or manually type on a handheld mobile communication device for any purpose, while driving, except to summon medical or other emergency help, or on an amateur radio with a valid federal license.

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Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.

  • Driving includes being stopped for traffic, a light or a stop sign, but not being pulled off an active roadway and stopped where the vehicle can safely stay.
  • Navigation systems, devices built into the vehicle, and voice operated or hands free devices are not handheld devices under the section.
  • The section does not authorize seizing or forfeiting the phone, and unless other law provides, the phone is not subject to search during a stop made under this section.

A driver of a commercial motor vehicle may not use a handheld device for any purpose while driving, with the same two exceptions.

  • NMSA 1978, § 66-7-375
Sources for this section (2)
  1. NMSA 1978, § 66-7-374 — Texting while driving
  2. NMSA 1978, § 66-7-375 — Use of a handheld mobile communication device while driving a commercial motor vehicle

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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