Here We Go Again...

First it was the red light and speed cameras, now it’s your cell phone. In reality, another tax... and they're all for your own good. (Or at least the city's good.)

As you know by now, you're not allowed to talk on your cell phone without a hands-free device while driving. If a you're caught, your first offense is $100.00 and your second offense is $200.00. More money for Mayor Marty, more money for the City Council, less money for you. Remember we're adding this to the over $5 MILLION that has already been taken in by the Red Light Camera Program (a.k.a. Marty's Money Makers).

Mayor Chavez and the administration love to tout Albuquerque's recent ranking in Fortune Five Hundred Magazine. We just wonder... do you think that when the administration was schmoozing the folks at Forbes they told them about the increasing cost of simply moving from place to place? Probably not.

On to more important matters... What to do if you're pulled over. Remember, you're allowed to make emergency phone calls without a hands free device.

Here are a few helpful suggestions:

1. I think I left the oven on.

2. I forgot to lock the front/back door.

3. My child is sick at school.

4. I can’t make it to pick up my child/children.

5. My dog ate my homework?

Ok... we know that's a bit crazy. However, the City has to prove you were not conducting an emergency phone call and a Law Enforcement Officer does not have the right to check your phone without a search warrant. Federal Law protects your cell phone records and the City has no legal authority to interfere or have access to them. Quite a quandary for the prosecution and for the city. If you claim you are using your phone for emergency purposes how do they prove you were not?

Now, most honest law abiding taxpayers will go ahead and cop to the "offense," and pay the tax... uh, fine. Now if you happen to be on an "emergency" call...

Remember, the system was overloaded with taxpayers challenging the red light and speed camera citations and over 1,000 were dismissed. Who knows what could happen?

Making The Call (or Not): A Look at the Cell Phone Ban

By now everyone knows about Albuquerque's newly passed and signed cell phone ban. For the next 60 days or so you'll be given a stern warning by Albuquerque Police if caught using the electronic trouble maker. After that you'll be fined $100 for the first offense and $200 for each subsequent offense. The good news is that you will still be able to read the paper, put on make-up, or yell at your kids while weaving down the road without fear of prosecution. Ok... so maybe that last part's not strictly true, but there's no specific law against it even if you can be ticketed for reckless or distracted driving.

So where does this idea that we need to have a specific ban on cell phone usage come from? Look no further than the Mayor's office. The cell phone ban was introduced by West Side Councilor Ken Sanchez. It was supported in council by Police Chief Ray Schultz. Councilor Sanchez is closely associated with Mayor Marty, having served as his campaign treasurer before being encouraged to run against former councilor Miguel Gomez. Ray Schultz in essence serves at the pleasure of the Mayor, ergo this ordinance was supported by the administration from the very beginning.

The claim that signing the ordinance was "a very difficult decision for him," (ABQ Journal - Subscription Required) made by Councilor Sanchez appear to be disingenuous at best. You can be sure that Marty was on-board before Chief Schultz appeared before the Council on February 5th. Meanwhile, rank and file officers adamantly insist that the cell phone ban will never be enforced, a reality that Schultz was forced to admit last Thursday.

"Albuquerque Police Chief Ray Schultz said he doubts the cell phone law will be used often as the primary reason a motorist is pulled over." (ABQ Journal - Sucription Required)

So we have established that Marty was in all likelyhood, in on this from the beginning and that officers not only do not want to enforce the cell phone ban, but will not be using a cell phone violation as a primary reason to pull someone over. If this is indeed about erring "on the side of public safety," (ABQ Journal - Subscription Required) as Mayor Marty contends why is his Police Chief admitting that they're not going to enforce it? The answer to that question look to the 5-4 vote in council.

"All five of the supporters are Democrats, and the four opponents are Republicans." (ABQ Journal - Subscription Required)

Political posturing. The cell phone ban in Albuquerque is the type of meaningless legislation that appeals to certain segments of the population. In practice, it has very little effect on daily life, it doesn't cost the city anything to enforce, has the potential to bring in millions of dollars to a heavily burdened city budget, and it puts a Mayor with his eye on the Governors office in ink and on TV. You'll note that the Mayor even signed the ordinance on his weekly GOV TV call in show. In other words, there's no down side for the Mayor or the council members who voted on this issue. And as usual, we pay the price for their posturing and publicity with our frustration and our hard earned money.