New Mexico Cell Phone and Texting Laws

New Mexico does not have a state-wide law that bans all drivers from using a cell phone or texting. However, the State does allow localities to enact their own cell phone and texting legislation.

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New Mexico remains one of the dozen or so states with no restrictions on texting while driving. With the exception of novice drivers, there is no state-wide prohibition on cell phone or texting use while driving in New Mexico. However there are cell phone and texting prohibitions based on local ordinances in Albuquerque, Santa Fe, Las Cruces, Gallup, Taos and Espanola. State-wide, novice drivers are prohibited from texting while driving.

Cell Phone Use

With the exception of certain local ordinances (see above) and novice drivers, there is no handheld cell phone prohibition for any drivers in New Mexico.


With the exception of certain local ordinances and novice drivers – drivers with learner’s permits or intermediate licenses – there is no prohibition on texting while driving in New Mexico. 

Bus Drivers

All New Mexico bus drivers are permitted to use cell phones and to text while driving

How is it Enforced?

New Mexico’s novice texting and cell phonr laws are considered “primary” laws. A primary law means that an officer can pull a novice over for the offense without having to witness some other violation. That is, the officer sees a novice driver texting and issues a citation. 

Other New Mexico Information on this Website

New Mexico SR22 Insurance

New Mexico Drunk Driving Laws Penalties & Fines

New Mexico Teen Driving Laws & Insurance Requirements

Updated by: , Attorney

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