No, New Mexico’s distracted driving statute prohibits any activity that diverts attention from the road, including eating, under NMSA §66-3-235. While not explicitly banned, officers may cite it as “careless driving” if it impairs control. Local jurisdictions like Albuquerque have signaled stricter enforcement post-2026.
Key Regulations for Eating While Driving in New Mexico
- Careless Driving Prohibition: NMSA §66-3-235 criminalizes driving without due care, enabling citations for eating if it causes swerving or delayed reactions.
- Local Ordinances: Albuquerque’s 2026 traffic safety plan targets “secondary offenses” like eating, aligning with Vision Zero initiatives to reduce crashes.
- Commercial Drivers: Federal regulations under 49 CFR §392.8 prohibit eating while operating commercial vehicles, with New Mexico adopting these standards for CDL holders.
Violations may result in fines up to $300 under municipal codes, though primary enforcement remains rare. Courts assess cases individually, prioritizing evidence of impaired operation. Prosecutors in Santa Fe and Bernalillo Counties have pursued charges where eating contributed to rear-end collisions.