Police mixed on ban

Enforcing New Mexico’s statewide ban on distracted driving has become a priority for the Portales Police Department. But Clovis police say the ban is difficult to enforce and they’ve not issued any citations.

On July 1, a law went into effect that makes it illegal to send or read text messages and emails, or make Internet searches from smartphones or other hand-held wireless devices while driving in New Mexico.

The law, however, also says drivers can talk on the phone if they’re using a hands-free device or if the call deals with an emergency.

The Portales Police Department has already set up several “texting patrols” in which officers watch for drivers who may be texting in high-traffic areas, said Portales Det. Charlie Smart.

Smart said Portales officers have issued nine citations for texting while driving, and there will be more texting patrols before the end of the year.

The department is committed to enforcing the texting ban in order to help keep the streets safe, he said.

“In October we had a patrol unit totaled by a driver who struck the vehicle and admitted to looking at his phone at the time of the crash,” Smart said.

Smart said the patrol unit was parked in front of an off-duty officer’s house. Luckily, there was no one in the patrol car when it was struck, Smart said.

The Clovis Police Department, however, believes the language of the texting-while-driving ban gives people a plausible defense to beat the citation, said Clovis Capt. Patrick Whitney.

Whitney said Clovis police have issued no citations for this offense but have been watching to see how other agencies, including the New

Mexico State Police, go about enforcing the new law.“To prove that someone was texting while driving and not simply using a hands-free device while holding the phone is the major issue,” Whitney said.

In the past, Whitney said, when distracted driving was suspected to be a factor in a major crash, police have subpoenaed drivers’ cell phone records to determine whether the drivers were on the phone at the time of the accident.

“This is a costly procedure for the department to go through to obtain records from cell phone providers,” Whitney said.

If a driver were to dispute a citation for texting while driving, Whitney said, police would have to subpoena cell phone records to support the ticket in court, which would cost the department too much in money and time.