NM: Despite ordinance, drivers still using their cell phones

OFF THE WIRE


http://www.lcsun-news.com/ci_18426069?source=most_viewed
Despite ordinance, drivers still using their cell phones

By Reyes Mata III rmata@lcsun-news.com
LAS CRUCES - Chuck Peña has been riding his Harley Davidson Sportster 883 motorcycle for four years.
He's familiar with some of the traditional dangers on the road: speeders, drunken drivers and potholes. But the threat he said is becoming increasingly dangerous to him - and other motorcyclists - is the community of drivers not yet weaned from their cell phone habit.
"I've seen numerous people go through red lights because of cell phones," Peña said. "They could hit me. I don't want to leave my family behind."
Communities around the country have enacted "hands-free" cell phone ordinances meant to keep drivers focused on driving, and not conversation. Las Cruces enacted its ordinance in February of last year. Since then, police have issued 1,212 citations to people talking on their cell phones while driving without the aid of hands-free devices.
Las Cruces police are on the watch for people driving with cell phones to their ears, and treat that violation with the same priority as other noncritical infractions.
"The enforcement of the cell phone ordinance goes along the lines of other traffic violations, like not wearing seatbelts, things like that," said Las Cruces Police Department Spokesman Dan Trujillo. "If and when an officer sees it - if the officer is not on another, higher priority call - the officer can and will enforce those laws," he said. "Our patrol officers' primary goal is to respond to patrol-related calls: the potential felonies, domestic related incidents, burglaries, robberies." Motorcyclists recognize that dangerous roadways are always more dangerous for them.
"Drunken drivers, speeders, cell phones, it's all a risk to motorcycle riders," said Cecilia Garcia, a 40-year-old motorcycle rider.
Her riding partner, 33-year-old Jose Garcia, agreed. "We (have) more chances of getting hurt than anyone else," he said. "It's not safe, not for us," he said before starting his chopper, cruising through a parking lot and joining the traffic flow on El Paseo Avenue.
Mike Torres, a biker for 40 years, drives around town on his Harley Davidson Heritage Softtail.
"There is no courtesy for motorcycle riders," he said. "As it is, people don't pay attention to motorcycles when they didn't have cell phones, much less now that they are talking or texting."
Some drivers who were interviewed say they are doing what they can to follow the ordinance to keep roadways safe for everyone.
Ana Rascon, a 24-year-old research specialist at New Mexico State University, said she agrees with the ordinance and does her best to keep her mind focused on driving.
"I can see why it's necessary," she said of the cell-phone ordinance. "I don't text, or I put it on speaker and put it on my lap."
Las Cruces Mayor Ken Miyagishima believes the ordinance is working.
"I don't see as many people driving with the phone to their ear," he said. "When I'm at a stoplight, I will observe it, and I think it's gone down dramatically."
Police say that the fine for talking on a cell phone without a hands-free device is the same for all motorists: $92 - comprised of a $56 fine plus a $36 court fee.
"The citation would be just the same for a motorcycle rider as for someone driving an automobile," Trujillo said. "We strongly discourage the use of a cell phone - no texting, no looking up numbers, reading, playing games - for anyone using the roadway."
Miyagishima said that reduced cell phone use on the road could ultimately mean lower insurance rates for Las Cruces.
"If it translates to safer streets, then you reduce the number of traffic accidents - or the severity of accidents - and if the accident trend is going down, then you can see a reduction in insurance rates as well," he said.
Reyes Mata III can be contacted at (575) 541-5452.
Cell phone ordinance •Since the ordinance came into effect in February 2010, police have issued 1,212 citations.
•If police cite you for talking on your cell, expect to pay a $92 fee.