On December 1st, 2009 Governor Ritter signed into law a bill criminalizing text messaging while driving. The new law will make texting and driving a Class A driving infraction. The new law recognizes the inherent danger in texting while driving, however, the law doesn’t go far enough for many proponents of stricter legislation regarding the use of cell phones in vehicles. When the bill was originally introduced it carried language prohibiting the use of cell phones in vehicles unless a hands free device was used. After meeting opposition from both sides of the aisle over the cell phone usage restrictions, the law will only prohibit drivers under the age of eighteen from using cell phones while driving. As texting is a relatively new phenomenon, there is not significant data on point to show just how dangerous cell phone use (including texting) truly is. As more data emerges on cell phone use and its correlation to car accidents, expect more legislation to arise across the country.

Please see the article from the Denver Post:

http://www.denverpost.com/ci_12498806 The 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 pertinent 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 ther similar forms of manual data entry or transmission while operating a motor vehicle.”

The statute can be found in its entirety below: http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/349F9CCA2B83CD5087257537001A2BB0?open&file=1094_enr.pdf

The fines for violating this statute are:

First Offense: $ 50.00 Fine Plus a $6.00 Surcharge

$100.00 Fine Plus a $6.00 Surcharge for a Second Offense

Joshua McDowell is a Colorado Springs Attorney practicing in Criminal defense, traffic and drunk driving cases. His practice also includes Colorado Springs Personal Injury cases and medical malpractice.