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Covid-19 Statement

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Shazam Kianpour & Associates, P.C.
A Proven Criminal Defense Team

Lawmakers reject attempts to close loophole in CO texting law

On Behalf of | Feb 2, 2018 | Firm News |

Last week, we told you about Colorado Senate Bill 49, which is a bill that seeks to close a perceived loophole in the state’s current texting-while-driving law that many believe legalizes texting for certain drivers.

Just days after we posted that blog, however, state lawmakers voted the legislation down, meaning this loophole is going to remain open for the near future.

What is exactly is this loophole?

When state lawmakers amended Colorado’s texting-while-driving law last year, it was changed to say that police can only cite a driver for texting while driving if the police officer actually sees the driver using a cellphone AND the texting is done in such a way that it causes the individual to drive in a “careless and imprudent manner.”

Therefore, many have theorized that this provision creates a loophole in which adult drivers can now text while behind the wheel so long as their texting is not causing them to drive carelessly or imprudently.

While Senate Bill 49 sought to eliminate this perceived loophole, it failed to even make it out of a Senate committee last week by a vote of 3-2. So, it appears that this legislation is not going anywhere — at least for now. In fact, the Senate committee report says is has been “postponed indefinitely.”

Even if this loophole isn’t closed, however, it is important to remember that it is still very much illegal for drivers under the age of 18 to use their cellphones while driving, even if they aren’t being careless.

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