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Friday, July 24, 2009
The High Price of Driving and Talking
By T.J. Wilham
Journal Staff Writer
If you thought your cell phone bill was bad, wait until you get the tab for getting busted for talking on one while driving.
In addition to a fine of at least $100, people cited for using the phone while driving get hit with the same fees and court costs as with every other traffic citation that involves the court — about $85.
And, yes, that includes getting caught texting while driving.
It all adds up to $185 if you are found guilty or call Metro Court and take care of the ticket over the phone with your credit card.
You can get by with only the $100 fine if you do what amounts to a "roadside guilty plea" and simply mail in your check to the state Motor Vehicle Division.
There is some good news if it's your first offense and you have some time to spare.
You can show up on your court date and the assistant city attorney will likely agree to drop the citation if you have a hands-free device.
"Our goal is to send a very strong message to use a hands-free device," said Pete Dinelli, the city's public safety director and an attorney who oversees traffic court prosecution.
"If it is your first offense, we will dismiss the citation provided that you bring in a hands-free device. But if it is your second or third or fourth go-around, we are going to pop you pretty hard."
Under the city's cell phone ordinance enacted in April 2007, anyone caught texting or talking on a cell phone without a hands-free device is subject to a $100 fine for the first offense and a $200 fine for each subsequent offense.
Last week, Albuquerque police wrote more than 300 cell phone citations during an eight-hour crackdown and have written thousands since the ordinance took effect.
If you involve Metropolitan Court, you could pay a series of fees the courts are required to charge under New Mexico law. Those fees, which go directly to the state, help pay for domestic violence treatment programs, facilities expenses for all of the courts and a fund that provides long-term care for people with brain injuries.
None of that money goes directly to Metropolitan Court or the Police Department.
"We send every dime to state," Metropolitan Court spokeswoman Janet Blair said.
Regardless of how you pay your ticket or if you get out of it, it is likely your insurance rates won't go up.
Dinelli said that because the cell phone ban is a city ordinance, points don't go on a motorist's license if he or she is found guilty.
Albuquerque police spokesman John Walsh said Monday that APD is planning more cell phone crackdowns in the weeks to come.
"This is a habit like seat belt use," Walsh said. "It is going to take strong enforcement over a period of time to get people to comply."
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