As you drive up or down I-25, you have probably read the flashing signs ‘Get Your Head Out of Your Apps.’ The Colorado Department of Transportation (CDOT) is sending out the message to reduce distracted driving instances and traffic related deaths. While it is illegal to text and drive under C.R.S. 42-4-239 – Misuse of a Wireless Telephone – is distracted driving a punishable offense? That’s probably what one woman was wondering when she was pulled over and ticketed for driving and using chapstick. Though this does fall under the CDOT definition of distracted driving, is it against the law?
Distracted Driving in Larimer County
The Colorado Department of Transportation (CDOT) defines distracted driving as:
This includes activities like:
- Using your smartphone or cell phone
- Eating or Drinking
- Interacting with passengers, pets, or kids
- Shaving or applying make-up
- Reading a map or interacting with a GPS
- Adjusting the radio, CD player, or MP3 player
While CDOT has labeled distracted driving as a traffic offense, does the law support it? The simple answer is yes and no. There are certain criminal and traffic offenses a person could be charged with after engaging in one of theses activities. C.R.S. 42-4-1402, Careless Driving, or C.R.S. 42-4-1401, Reckless Driving, can be charged when a person drives with a lack of concern regarding the road or the safety of others in Larimer, Boulder, and Grand County. Some of the ‘distracting activities’ listed above may meet the required elements of these charges. For example, if a woman is focused on her review mirror putting her make-up on and swerves into the next lane almost hitting another person driving in the that lane, she could be charged with Reckless Driving.
Cell Phones and Driving in Fort Collins
Colorado law has put limitations on cell phone use while driving through C.R.S. 42-4-239 – Misuse of a Wireless Telephone. According to this statute, it is illegal for:
- A person under the age of 18 to use a cell phone to call or text while driving
- A person 18 years or older to text or engage in similar forms of manual data entry or transmission (i.e. Facebook, Twitter, or email)
This traffic offense is punishable with a $50 fine in Fort Collins, Loveland, and Estes Park.