Radar Detectors in New Mexico: Legal Analysis and Applicability

Using Radar Detectors in New Mexico: An Overview

For motorists in New Mexico, the law is reasonably prohibitive of radar detector technology. Some states have long had laws prohibiting the use of such devices in cars, but others are more liberal. In New Mexico, however, it is a legal problem to have a radar detector. New Mexico law prohibits drivers from using a radar detector on any roadways except for those that are designated as "interstate or limited access highway." So if you’re driving on an interstate or a highway then your radar detector is legal . If you are on a city street, however, be prepared to have your radar detector confiscated by local police officers if they get a hold of it and you don’t have the required permit (of which there aren’t any).
The law Authorizes the Traffic Safety Board to set aside certain segments of interstates and highways as "restricted areas" where motor vehicles are prohibited from using radar detectors. Currently, no area has been so designated. But before you get too excited, know that it is unlikely the state would like to see your radar device help you escape from their radar traps.

The Legal Repercussions of Using Radar Detectors

The legal implications of using a radar detector in New Mexico are relatively straightforward, but the ramifications for being cited for radar detector use can be severe. New Mexico has a statute, NMSA 1978 66-7-6.1, which prohibits the use of radar detectors in order to avoid detection of law enforcement. In particular, concealment objects, objects designed to hide a radar detector, may not be used in vehicles.
Penalties for being caught using a radar detector in New Mexico vary. In addition, NMSA 1978 66-8-134 is the "Electronic Detections Devices Act," which prohibits the use of such devices, such as radar detectors, speed trap cameras or laser jammers. The law states (in section C) that "An act to detect the location of a law enforcement officer shall be deemed a speed trap unless it is concealed from public view or the public is aware of its existence." In addition to the fines and penalties for NMSA 1978 66-8-134, if a radar detector is used to aid in the detection of a speed trap, additional fines or penalties may be imposed.

How New Mexico’s Law Compares to Other Jurisdictions

Radar detectors are legal in most states in the U.S., but New Mexico is one of a handful of states that outlaw them. This ban, first put in place in 1978, remains in effect. If caught with a radar detector in your car, you’ll be fined up to $500 for your offense.
New Mexico isn’t alone in banning these devices. Only four other states have similar restrictions. Illinois, Kentucky, Virginia and Washington, D.C., also ban radar detectors. However, the reasons are different than in New Mexico. The other four states are largely concerned with citizens circumventing the law. Also, in Georgia, however, citizens can only use radar detectors in private vehicles, not on commercial vehicles.
Other states in proximity to New Mexico take a different stance on radar detectors. Arizona has no restrictions but makes it illegal to jam police radar systems. Similarly, Colorado has no radar restrictions. In Texas, radar detectors can’t be used in commercial vehicles, but otherwise are legal.
If you travel to New Mexico, it’s a bad idea to test the legality of radar detectors by bringing one along. The five states with bans have stiff fines to discourage this practice. If you get a ticket for violating the law, your best bet is to pay the fine, rather than attempt to fight the law. There’s little chance that you will win an argument that holds much weight in court about whether a radar detector is more dangerous than being curious about your speed or having a device that warns you lights are ahead.

Exception to the Rule and Special Considerations

There are a couple of exceptions to these prohibitions, and it is important to understand and not violate them. First, radar detectors are exempt from the prohibitions of NMSA 1978, § 66-8-136 and § 66-7-4.2. The exemptions are as follows: (2) an activity authorized by a United States government agency or instrumentality and performed by the agency or instrumentality’s officers, employees, agents or contractor in connection with the agency or instrumentality’s protection operations; (3) an activity authorized by a tribal government as defined in Subsection B of Section 5-4-24 NMSA 1978 and performed by employees of the tribal government in connection with the government’s protection operations; or (4) purchase or use of an elecftronic device in a commercial motor vehicle, as defined by the federal motor carrier safety regulations, 49 C.F.R. Part 382, used exclusively in the course and scope of employment. NMSA 1978, § 66-7-4.2 (emphasis added). This makes sense as to the government and tribal exemption. These agencies are, after all , responsible for enforcing the laws, including speed limits, in our state. Permitting government employees and the tribal government in these limited circumstances is more sensible than making such personnel into criminals themselves. But the commercial exemption requires a little bit of nuance. There are only two exceptions to the general ban on radar detectors in New Mexico: government, and commercial use in the course and scope of employment. To be justified under the "commercial" exemption, you must be using the radar detector to do your work as an employee. You cannot use it to try to escape prosecution by engaging in workplace activities outside of your full-time employment. That is to say, if you are a day trader and want to take advantage of the fact that you work from home to speed away from a speed trap because you are late to a meeting, or if you work in a cubicle and need to get home fast to feed a baby, and you use the radar detector in your personal vehicle, you will be violating the statute. It only matters when you are on the job.

Tips for Legally Using Radar Detectors

For those individuals who opt to use radar detectors in New Mexico, there are several tips that can help ensure both safe driving and compliance with applicable laws. It is important to stay updated on the relevant legislation concerning the use of radar detectors. Regularly check the New Mexico Motor Vehicle Division website and local news sources for information about any changes in the law. This is especially important if you periodically operate a motor vehicle in New Mexico but do not make it your primary residence.
When using your radar detector, familiarize yourself with its functions and settings to get the most accurate readings. Make sure that the detector is properly calibrated and placed in your vehicle, and avoid placing it in areas that may obstruct your view. When traveling through construction areas or zones with reduced speed limits, consider turning off your radar detector to avoid confusion when it alerts to police signals.
If passing through a toll area such as a tunnel or bridge, there are usually specified requirements for radar detector usage. Be sure to observe those requirements and the markers within any such jurisdiction in which you are driving.

Frequently Asked Questions

Q: Are radar detectors illegal in New Mexico?
A: Radar detectors are permitted throughout New Mexico for personal use in vehicles. Since 2008, New Mexico has banned the use of radar jammers, which scramble police radar signals and interfere with speed traps.
Q: Are cover-up devices legal in New Mexico and how do they work?
A: Cover-up devices of any kind intended to disguise the presence of radar signals are illegal in New Mexico. Cover-up devices include any function that alters the waves of transmitted radar such as radar jamters and radar scramblers. These radar detectors are also illegal in all 50 states, but New Mexico enforces the law more strictly than most other states. Most radar jammers only mess with police radar equipment so they can’t be used to avoid speeding tickets, making them seem like an almost pointless purchase.
Q: Can I have a radar detector on the windshield?
A: In New Mexico, radar detectors are permitted on the windshield but should not obstruct the driver’s view. If you’re considering the position of your radar detector, the best location is high and center on the windshield, where it will be easy to see danger signs and unobtrusive to your line of sight . If your radar detector has suction cups, place it along the top edge of your windshield. In addition, do not place your radar detector above the permit placed for your registration or behind tinted glass. Both of these scenarios could result in a citation for obstruction of view.
Q: Can I have more than one radar detector in my car?
A: No, you should be using only the best radar detector for your vehicle. Multiple radar detectors in the same vehicle will trigger false alarms.
Q: What is the best radar detector available today?
A: The best radar detector is the Escort Max 360. It has a 360 degree detection range with sensitivity settings to meet the individual’s needs and driving habits. It is one of the most advanced radar detectors on the market that uses patented Mute and Auto-Mute technology to minimize false alarms without blocking real radar alerts. It enables the user to self-program the device for up to 4 programmable alerts for known speed traps and frequently-trafficked radar points. In addition, it features AutoLearn technology that identifies true alerts from false alerts and reduces or suppresses false alerts in the future.