Is Your Colorado Cell Phone Driving Ticket Worth Fighting?

Understanding Colorado's Cell Phone Use While Driving Laws: Your Guide to Fighting a Ticket

Driving in Colorado offers breathtaking views and open roads, but it also comes with a significant responsibility: staying focused behind the wheel. In recent years, Colorado has tightened its laws regarding cell phone use while driving, making it easier for law enforcement to issue tickets for distracted driving. If you've received a cell phone ticket in Colorado, don't just pay it and assume it's a minor inconvenience. Understanding the law, the potential consequences, and your options can save you significant trouble down the road.

Colorado's Distracted Driving Laws: What You Need to Know

Colorado's primary law addressing handheld wireless telephone use while driving is C.R.S. 42-4-239. This statute makes it illegal for drivers to use a handheld electronic device while operating a motor vehicle. But what exactly does "use" mean in this context?

• 📱 Talking on a handheld phone: Simply holding the phone to your ear or talking into it is prohibited.
• 💬 Texting: Sending, reading, or receiving text messages is strictly forbidden. This includes typing on a keyboard or interacting with messaging apps.
• 🗺️ Navigating with a handheld device: While using GPS is generally allowed, physically holding the device to input directions or adjust settings while driving is illegal.
• 📧 Accessing emails or browsing the internet: Any activity that involves interacting with your phone's screen for non-driving related functions is prohibited.
• 📸 Taking photos or videos: Using your phone's camera function while driving is considered illegal use.

It’s crucial to understand that the law generally applies to adults 18 years and older. For drivers under 18, Colorado has even stricter "graduated driver's license" laws:

• 🚫 Under 18: Drivers under 18 cannot use a cell phone at all while driving, whether handheld or hands-free, except in emergency situations.
• ⚠️ 18 and Over: Drivers 18 and older can use a hands-free device for talking, but any manual operation of a handheld device is prohibited.

Exceptions to the Rule

Like most laws, there are specific situations where using a cell phone while driving is permitted:

• 🚨 Reporting an emergency: If you need to report a traffic accident, medical emergency, serious road hazard, or a crime, you are permitted to use your phone.
• 🚓 Law enforcement or emergency personnel: On-duty police, firefighters, and emergency medical service personnel are exempt.
• ⚙️ Utility workers: Employees of utility companies using a phone in the scope of their employment, or operating a commercial motor vehicle with two-way radio communication.
• 📞 Voice-activated or hands-free devices: Using a device that allows you to talk or interact with your phone without physically holding it is generally allowed for adults 18 and over.
• 🅿️ Parked vehicles: If your vehicle is safely parked, you can use your cell phone. This does not include being stopped at a red light or in traffic.

Penalties for a Cell Phone Ticket in Colorado

A cell phone ticket in Colorado is more than just a slap on the wrist. It carries significant penalties that can impact your finances and your driving record.

• 💰 Fines:
  • First offense: Typically a fine of $50, plus a $6 surcharge.
  • Second or subsequent offense: Can increase to $100, plus a $6 surcharge.
• 📉 Points on Your Driving Record:
  • First offense: 1 point.
  • Second or subsequent offense: 4 points.
• 📈 Insurance Premiums: Even a single point or a minor traffic violation can cause your auto insurance rates to increase substantially. Insurers often view distracted driving as a high-risk behavior.
• 🛑 License Suspension: Accumulating too many points within a certain timeframe can lead to license suspension. For example, accruing 12 points in 12 months, or 18 points in 24 months for an adult driver, could result in suspension.
• ⚖️ Aggravating Factors: If your cell phone use contributed to an accident, especially one involving injury or death, the penalties become far more severe, potentially including criminal charges beyond just a traffic infraction.

What to Do If You're Pulled Over for Cell Phone Use

Your actions during a traffic stop can significantly impact the outcome of your ticket. Knowing what to do (and what not to do) is crucial.

1. 🧘 Stay Calm and Pull Over Safely: As soon as you see flashing lights, signal, and pull over to the right side of the road safely and quickly.
2. 🙌 Keep Your Hands Visible: Place your hands on the steering wheel where the officer can see them. This shows cooperation and prevents misunderstandings.
3. 📝 Be Polite, But Don't Admit Guilt: The officer will likely ask if you know why you were pulled over. You can politely state, "No, Officer," or "I'm not sure," rather than admitting to cell phone use. You are not obligated to incriminate yourself.
4. 🆔 Provide Requested Documents: Have your driver's license, registration, and proof of insurance readily available.
5. 🗣️ Do Not Argue: Arguing with an officer at the scene will not help your case and can escalate the situation. If you disagree with the ticket, the place to dispute it is in court.
6. 📵 Put Your Phone Away: If you were using your phone, put it away immediately and do not pick it up again during the stop.

Common Mistakes People Make

Many drivers make critical errors when dealing with a cell phone ticket, often without realizing the long-term consequences.

• 🗑️ Ignoring the Ticket: Failing to respond to the ticket by the deadline can lead to additional fines, a default judgment, and potentially a suspended license.
• 💸 Paying the Ticket Without Understanding Implications: Paying the fine is an admission of guilt. This means you accept the points on your record, the fine, and the inevitable rise in insurance premiums.
• 🗣️ Admitting Guilt During the Stop: Anything you say can be used against you. A simple "I know, I was just checking..." can make it very difficult to fight the ticket later.
• 📸 Failing to Gather Evidence: Many people don't think to collect information that could help their defense, such as phone records or details about the location.
• 🗓️ Missing Deadlines: Whether it's the deadline to respond to the ticket or a scheduled court date, missing these can result in harsher penalties.

Should You Fight a Cell Phone Ticket?

In most cases, yes, you should consider fighting a cell phone ticket in Colorado. The potential benefits often outweigh the hassle, especially given the rising costs of insurance.

• 🚫 Avoid Points on Your Record: Keeping points off your license is the primary benefit, preventing license suspension and maintaining a clean driving record.
• ⬇️ Potentially Lower Fines: While not guaranteed, fighting the ticket could result in a reduced fine or even dismissal.
• 💰 Prevent Insurance Rate Hikes: A clean record helps keep your insurance premiums stable, saving you hundreds or even thousands of dollars over the years.
• ⚖️ Maintain Driving Privileges: For CDL holders, any traffic violation can have severe consequences on their livelihood, making fighting the ticket even more critical.

Steps to Take to Fight Your Colorado Cell Phone Ticket

Fighting a traffic ticket can seem daunting, but with a clear strategy, you can increase your chances of a favorable outcome.

1. Understand the Charge and Review the Ticket

• 🧐 Read Every Detail: Carefully review the ticket. Is all the information accurate (your name, license plate, vehicle make/model, date, time, location)? Inaccuracies might be a basis for dismissal.
• 📖 Identify the Specific Statute: The ticket should cite the specific Colorado Revised Statute (C.R.S.) you allegedly violated (e.g., C.R.S. 42-4-239).

2. Gather Evidence

The more evidence you have, the stronger your defense.

• 📞 Phone Records: Request your phone records from your carrier for the date and time of the alleged offense. This can prove you weren't actively talking or texting.
• 👥 Witness Statements: If you had passengers, their testimony supporting your non-use can be valuable.
• 📸 Photos/Video: If possible, take photos of the location where you were pulled over, traffic conditions, or any road signs that might be relevant. If you have a dash cam, review the footage.
• 🚗 Vehicle Information: Document if your vehicle has built-in hands-free capabilities that you were using.

3. Identify Potential Defenses

There are several common defenses that can be employed, depending on the specifics of your situation.

• 🚨 Emergency Situation: If you were genuinely using your phone to report an emergency, this is a statutory defense. You'll need to provide evidence, such as phone records showing a call to 911 or a witness statement.
• 📵 Not Actively Using the Phone: Perhaps you were holding your phone but not interacting with it (e.g., just moved it off the seat, or it was in your lap). The law generally targets active use.
• 👀 Officer Misidentification: The officer might have mistakenly identified your vehicle or you as the driver. This is more likely in heavy traffic or at night.
• 🤔 Lack of Clear Observation: Did the officer have a clear, unobstructed view of you and your phone? Were they positioned to accurately observe your actions?
• 👂 Hands-Free Device Malfunction: If you were attempting to use a hands-free device, but it malfunctioned, forcing you to briefly touch your phone, this could be a defense.
• 👮 Challenging Officer Testimony: An attorney can question the officer's memory, observation skills, or the accuracy of their report during cross-examination.

4. Consider Legal Representation

Hiring a traffic attorney, especially one experienced in Colorado traffic laws, can significantly improve your chances of a successful outcome.

• 📚 Knowledge of Law and Procedure: An attorney understands the nuances of Colorado's traffic laws and court procedures.
• 🤝 Negotiation Skills: They can negotiate with the prosecutor for a plea bargain, a reduced charge (like a non-moving violation), or even a dismissal.
• 👨‍⚖️ Courtroom Experience: They know how to present evidence, question officers, and argue your case effectively in court.
• ⏳ Time Savings: An attorney can handle much of the legwork, saving you time and stress.

5. Understand Court Procedures and Key Deadlines

Knowing the process helps you prepare.

• 🗓️ Respond to the Ticket: The first deadline is to respond to the ticket, usually within 20-30 days. This means either paying, requesting a court date, or appearing in court if one is already assigned.
• 🏛️ Arraignment/Initial Appearance: This is your first court date, where you'll typically enter a plea (guilty, not guilty, or no contest).
• 🤝 Pre-Trial Conference: If you plead not guilty, you might have a pre-trial conference with the prosecutor to discuss your case and potentially reach a settlement or plea agreement.
• ⚖️ Trial: If no agreement is reached, your case will proceed to trial, where both sides present their evidence and arguments to a judge.

Hypothetical Case Examples in Colorado

These scenarios illustrate common situations and potential outcomes.

Hypothetical Case 1: The "Just Checking GPS" Defense

Scenario: Sarah, driving on I-70 near Denver, briefly picked up her phone to confirm her next turn on Google Maps. An officer observed her holding the phone and issued a ticket. Sarah argued she wasn't texting or talking, just using GPS.

Legal Principle: Colorado's law prohibits holding and manually operating a handheld device, even for GPS. While using a phone for navigation is generally allowed, it must be mounted or used hands-free. Briefly picking it up to adjust settings or view the map constitutes illegal use.

Outcome: Without an attorney, Sarah likely would have paid the ticket. With an attorney, she might argue that her action was fleeting and non-distracting, or that the officer's view was insufficient to confirm active "manual operation" beyond just holding. An attorney might negotiate a reduced charge or plea for a non-moving violation to avoid points, but a full dismissal based solely on "just checking GPS" while handheld is difficult under current law.

Hypothetical Case 2: The "Emergency Call" Exemption

Scenario: Mark was driving through a rural area in Boulder County when he witnessed a severe car accident ahead. He immediately grabbed his phone and called 911 to report it. An officer, arriving at the scene, observed Mark on his phone and issued a ticket before understanding the context.

Legal Principle: C.R.S. 42-4-239 explicitly exempts using a wireless telephone to report an emergency. Mark's action falls squarely within this exception.

Outcome: Mark should absolutely fight this ticket. He has clear evidence (his phone records showing a 911 call at the time of the incident, and potentially the accident report). An attorney would help present this evidence to the court. This is a strong case for dismissal.

Hypothetical Case 3: The "Misidentification" Scenario

Scenario: During rush hour on Speer Boulevard, an officer observed a driver in a silver sedan holding a phone. They pulled over a silver Honda Civic, belonging to David, a few blocks later. David, however, insists he was using his hands-free system and his phone was in his cupholder.

Legal Principle: The burden of proof is on the prosecution to show that David was the driver observed using the phone and that he was, in fact, using it illegally. Officer misidentification can occur in busy traffic.

Outcome: David has a plausible defense. An attorney would question the officer's ability to clearly identify the driver and the specific vehicle in heavy traffic. David's testimony, potentially backed by a passenger's statement or even phone records showing no active use, could lead to a dismissal or a "not guilty" verdict, especially if the officer's memory or observation details are vague.

Preventative Measures

The best way to avoid a cell phone ticket is to prevent it from happening in the first place.

• 📞 Utilize Hands-Free Devices: Invest in a Bluetooth headset, a car's built-in system, or a mounted phone holder that allows for voice-activated commands.
• 📵 Enable "Do Not Disturb While Driving": Many smartphones have settings that automatically silence notifications or send auto-replies when driving.
• 🚗 Put Your Phone Away: The simplest solution is often the best. Place your phone in the glove compartment, back seat, or a bag where it's out of sight and out of reach.
• 💡 Plan Ahead: Program your GPS, send necessary texts, or make calls before you put the car in drive.

A cell phone ticket in Colorado is more than a nuisance; it's a mark on your driving record that can follow you for years. Understanding the laws, knowing your rights, and proactively fighting the ticket are crucial steps toward protecting your driving privileges and your wallet. Don't hesitate to seek legal counsel from a traffic defense attorney experienced in Colorado laws to discuss your options.

Disclaimer: This article provides general information and is not intended as legal advice. Laws can change, and individual situations vary. You should consult with a qualified attorney regarding your specific legal issue. No attorney-client relationship is formed by reading this content.