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Driver cell-phone ban remains
Councilors vote to keep ordinance; some want it to be tougher

Julie Ann Grimm | The New Mexican
Posted: Wednesday, July 09, 2008
- 7/10/08
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See a cop and the phone will drop. Nothing is changing for Santa Fe drivers.

Many city motorists ignore the 6-year-old Santa Fe ban on holding a cell phone while behind the wheel, preferring instead to drop their phones when police are nearby. Still, the City Council on Wednesday night said it's better to keep the rule in place than repeal it.

Councilors voted 6-2 in favor of maintaining the ordinance adopted in 2001 despite an effort by Councilor Matthew Ortiz to roll back the rule. It allows police to cite drivers who are talking on hand-held cell phones, but not those using headsets, or so-called "hands-free" devices.

Ortiz introduced his repeal in February, citing a lack of enforcement as his reason. Instead, he said he'd rather see every distracted driver — whether they're putting on makeup or eating a burrito — be cited under more general traffic codes.

"Are we going to be a government ... that outlaws every particular thing?" he asked during the hearing, "Or are we going to say that driver inattention is just that and give the Police Department that choice to write a citation?"

City police, however, have opposed the effort to get rid of the ban, noting that they believe it discourages driver distractions and makes the city streets more safe.

Officers have issued thousands of citations since the rule went into effect in 2002, peaking at 2,100 tickets in 2005. In the last 12 months, they have issued an average of 124 tickets each month, according to recent statistics.

Councilors heard public comment from a half-dozen residents before deciding to keep the rule in place. One speaker reminded them of research that indicates talking on the phone is more dangerous than drunken driving.

Among city residents who spoke out was Joseph Scordia, a motorcyclist who said he wanted the ban to stay. "A lot of people ... are just not good drivers. They are not paying attention to what they are doing. Then, with the cell phone it is even worse," he said. "I have almost gotten hit numerous times. I hope you don't repeal this law because I think as bad as it is, it will get worse."

As debate wore on, it became clear that not only do councilors favor keeping the ban, many want to make it tougher.

Councilor Rebecca Wurzburger said she wants to increase the fine for citations to $500, up from the current $100 fine. "We should experiment with expanding this law, not retracting it," she said.

Other lawmakers said they want to see the rule extend not just to hand-held phones, but to using a phone at all.

"I think it might be time for us to review the ordinance and take out the hands-free systems even," said Councilor Patti Bushee.

"The thing that I have seen recently is people texting," said Councilor Ronald Trujillo. "How are you keeping track of what is in front of you or on the side of you when you are texting? That is what scares me."

City police last month announced they were stepping up enforcement of the cell-phone rule and other oft-ignored traffic codes such as the seat-belt law. Plainclothes officers in contact with uniformed officers are working to catch drivers in the act.

Santa Fe was a pioneer in introducing the ban, which has since been adopted by other cities, including Albuquerque. A statewide ban was floated at the Legislature two years ago, but did not make it out of committee.

Councilors Oritz and Carmichael Dominguez voted in favor of the repeal. Councilors Chris Calvert, Miguel Chavez, Romero, Bushee, Trujillo and Wurzburger voted against it.

Contact Julie Ann Grimm at 986-3017 or jgrimm@sfnewmexican.com.


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