Colorado’s New Ban on the use of Mobile Devices While Driving

Colorado Governor Jared Polis signed Senate Bill 24-065 into law, a groundbreaking initiative to reduce distracted driving. Colorado’s new law, which goes into effect January 1, 2025, expands the ban on cellphone use beyond just texting. It now includes holding or manually using a phone or other mobile device for calls or any other reason, except in specific emergency situations. The Colorado car accident law firm of Bowman Law prepared this article to highlight everything you need to know about Colorado’s new ban on mobile devices while driving. 

Colorado’s Ban on the use of Mobile Devices While Driving

Distracted driving is one of the leading causes of car accidents and fatalities in Colorado. Any action that takes a driver’s focus away from the road is dangerous. This includes eating, texting, talking on the phone, changing the radio, looking after children, reading, and watching videos. Research has demonstrated that a driver cannot multitask while driving. When someone is driving distracted, their attention is diverted from the road, slowing reaction time and with it, the ability to avoid hazards that can result in a Colorado car accident. 

Colorado’s new law was enacted to reduce distracted driving by restricting how drivers can interact with their phones and other handheld devices. According to Colorado Department of Transportation, any action other than driving can lead to a stop, including watching videos, texting, and emailing. Simply holding a mobile device while driving could result in a police stop.  

“This new legislation is a crucial step toward making Colorado’s roads safer for everyone,” said Shoshana Lew, executive director of CDOT.  “By encouraging drivers to focus solely on the task of driving, we can reduce the number of distracted driving incidents and prevent crashes that often come with such behavior. This law aligns with best practices from across the nation and reflects our commitment to protecting all road users, whether in a vehicle, on a bike or walking.” There are several notable exceptions carved out in Colorado’s new law, including contacting public safety entities or during an emergency. 

Penalties for Violating the Colorado Mobile Device Ban

Violating this new law can lead to significant penalties, including the following:

• First Offense: $75 fine and $10 surcharge;
• Second Offense within 24 Months: $150 fine and $10 surcharge;
• Third or Subsequent Offense within 24 Months: $250 fine and $10 surcharge.

If a driver is talking on or using a cellphone and that’s the “proximate cause” of a crash in which someone is injured or killed, the driver can be charged with a Class 1 traffic misdemeanor, which is punishable by up to a year in jail and $1,000 in fines. 

Colorado’s Ban on the use of Mobile Devices While Driving

Distracted driving is one of the leading causes of car accidents and fatalities in Colorado. Any action that takes a driver’s focus away from the road is dangerous. This includes eating, texting, talking on the phone, changing the radio, looking after children, reading, and watching videos. Research has demonstrated that a driver cannot multitask while driving. When someone is driving distracted, their attention is diverted from the road, slowing reaction time and with it, the ability to avoid hazards that can result in a Colorado car accident. 

Police Enforcement for Colorado’s Mobile Device Law

The data prompted CDOT and its partners to develop strategies to reduce roadway fatalities. Currently, CDOT is implementing the Advancing Transportation Safety Program (ATSP). The ATSP involves collaborative efforts among state agencies, local law enforcement, community groups, and municipalities to address safety issues. ATSP is a product of the Strategic Transportation Safety Plan, a mission launched in 2020 by state agencies aimed at enhancing transportation safety. 

Law enforcement officers will follow specific guidelines when enforcing this law:

• Observation Requirement: Drivers will not be cited unless an officer observes the use of a mobile device causing careless or imprudent driving;
• No Device Seizure: The law does not authorize the seizure of mobile devices unless otherwise provided by law;
• Compliance Dismissal: Charges can be dismissed if the driver produces a hands-free accessory or proof of purchase and affirms under penalty of perjury that they have not previously had a charge dismissed under this provision.

Tips for Colorado Drivers

To avoid penalties and stay compliant, here are some practical tips:

• Hands-Free Accessories: Equip your vehicle with Bluetooth headsets or dashboard mounts for hands-free operation;
• Plan Ahead: Set your GPS and make any necessary calls before you start driving;
• Pull Over Safely: If you must use your mobile device, pull over to a safe location, such as a parking lot;
• Educate Passengers: Inform your passengers about the law so they can assist you in staying focused on driving;
• Stay Informed: Follow public awareness campaigns and educational materials from the Colorado Department of Transportation.

Contact our Colorado Car Accident Law Firm

The new Colorado mobile device ban represents a significant step towards enhancing road safety. Drivers are encouraged to familiarize themselves with the new regulations and take proactive measures to ensure compliance. For more information, check out a blog authored by our Colorado car accident law firm. 

If you or a loved one has been injured by a distracted driver, the Colorado car accident law firm of Bowman Law is here to answer your questions and discuss your case. Contact us, call, or email us for a free consultation. Our experienced personal injury attorneys have represented hundreds of drivers, pedestrians, bicyclists, and motorcyclists injured because of others’ negligence.