On December 1st, 2009 Governor Ritter of Colorado signed into law a bill criminalizing text messaging while driving. The new law will make texting and driving a Class A driving infraction.
The Denver Post Article is linked below:
http://www.denverpost.com/ci_12498806 The new law, which will be Colorado State Statute 42-4-239, prohibits use of cellphones for drivers under 18 years of age, and texting for any drivers. The texting language is below: A person eighteen years of age or older shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle.
The law also states that no one under the age of eighteen is allowed to use a cell phone while driving: An operator of a motor vehicle shall no be cited for a violation of subsection (3) of this section unless the operator was eighteen years of age of older and a law enforcement officer saw the operator use a wireless telephone for the purpose of purpose of engaging in text messaging or other similar forms of manual data entry or transmission. (7) The provisions of this section shall not be construed to authorize the seizure and forfeiture of a wireless telephone, unless otherwise provided by law. (8) This section does not restrict operation of an amateur radio station by a person who holds a valid amateur radio operation license issued by the Federal Communications Commission.
The entire statute can be found here: http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/349F9CCA2B83CD5087257537001A2BB0?open&file=1094_enr.pdf
The fines for violating this statute are:
$ 50.00 Fine with a $6.00 Surcharge for a First Offense $100.00 Fine with a $6.00 Surcharge for a Second Offense - 29880
The Denver Post Article is linked below:
http://www.denverpost.com/ci_12498806 The new law, which will be Colorado State Statute 42-4-239, prohibits use of cellphones for drivers under 18 years of age, and texting for any drivers. The texting language is below: A person eighteen years of age or older shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle.
The law also states that no one under the age of eighteen is allowed to use a cell phone while driving: An operator of a motor vehicle shall no be cited for a violation of subsection (3) of this section unless the operator was eighteen years of age of older and a law enforcement officer saw the operator use a wireless telephone for the purpose of purpose of engaging in text messaging or other similar forms of manual data entry or transmission. (7) The provisions of this section shall not be construed to authorize the seizure and forfeiture of a wireless telephone, unless otherwise provided by law. (8) This section does not restrict operation of an amateur radio station by a person who holds a valid amateur radio operation license issued by the Federal Communications Commission.
The entire statute can be found here: http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/349F9CCA2B83CD5087257537001A2BB0?open&file=1094_enr.pdf
The fines for violating this statute are:
$ 50.00 Fine with a $6.00 Surcharge for a First Offense $100.00 Fine with a $6.00 Surcharge for a Second Offense - 29880
About the Author:
Josh McDowell is a Colorado Springs Attorney practicing in DUI, criminal and personal injury matters. As a Colorado Springs Personal Injury lawyer his law firm handles car accidents, slip and falls, and other injury matters.
