Texting and driving is now legal in the state of Colorado, with the exception of drivers who text and drive in a “careless or imprudent manner.”
This revised legislation also includes an increased penalty for drivers who are caught texting and driving carelessly.
Originally, all Colorado drivers who were caught texting and driving, no matter what the circumstance, would be subject to a $50 fine. The new state provision has increased the penalty to $300 for drivers who are caught texting in a manner that caused them “to drive without due regard for the width, grade, curves, corners, traffic and other circumstances.”
As such, electronic signs placed above all major Colorado highways are now warning drivers with a message that reads: “New texting law fines increased to $300.” However, the warning sign fails to mention the specific circumstances that would result in such a fine.
“The simple fact is that if you are texting while driving but not being careless, it’s no longer illegal,” said Tim Lane at the Colorado District Attorneys’ Council.
There are two factors that will determine whether or not an officer will be able to pull someone over and write him or her a ticket that will send him or her to court. The first factor is that officers will need to see a driver actively texting while driving, and the second requires the officer to quickly analyze whether or not the motorist is driving carelessly.
“So, if it’s causing you to veer out of your lane or act in a manner that might not be safe then an officer can pull you over and cite you under this charge,” continued Lane.
Some Colorado drivers are hesitant to leave the decision about whether or not careless driving is actually occurring to the officer.
“It’s a slippery slope, because it’s kind of up to the police officer and then you will have to fight that in court,” said driver Nick Leblanc, adding that, “I think that there may be an unintended side effect to this that has led to individuals feeling like they may be able to text and drive so long as they do it carefully.”
This decision comes after several Colorado officials have warned drivers of an “epidemic of distracted driving,” and while other states are working hard to stiffen up their texting and driving laws even further.
Maile Gray, the executive director of Drive Smart Colorado, a traffic safety education organization, has expressed her concerns about the new law. However, she has hopes that the increased fine and the additional points on a license for first-time offenses will help deter drivers from texting while behind the wheel.
“What I find is most people just think they aren’t going to get caught, so they continue to (text) — and for the most part, they are right,” Gray said.
Several lawmakers who worked on the changes and supportive law enforcement agencies that back them up support their decisions by arguing that the harsher penalties will dissuade many from texting and driving, while also allowing authorities to focus on the most dangerous drivers.