New Colorado law increases penalties for texting while driving

[Teh One Who Knocks]

7 News Denver


http://i.imgur.com/OAzqNxA.gif

DENVER – Seventeen people in Colorado lost their lives in crashes involving cell phones in 2015. The state of Colorado is trying to change that.

Governor John Hickenlooper will sign into law Thursday a bill that would increase the penalty for texting while driving from $50 to $300. Drivers also would get five points on their license instead of one point under current law.

The state Senate passed the bill in March.

The new law comes after a woman who was driving drunk and texting on her phone hit and killed a Parker couple riding a motorcycle near Franktown last year. Athina Munoz pleaded guilty to vehicular homicide and was sentenced in January to 20 years in prison.

[RBP]

Lance, do you know what is specifically prohibited?

[RBP]

Illinois

(625 ILCS 5/12-610.2)
Sec. 12-610.2. Electronic communication devices.
(a) As used in this Section:
"Electronic communication device" means an electronic device, including but not limited to a hand-held wireless telephone, hand-held personal digital assistant, or a portable or mobile computer, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle.
(b) A person may not operate a motor vehicle on a roadway while using an electronic communication device.
(b-5) A person commits aggravated use of an electronic communication device when he or she violates subsection (b) and in committing the violation he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death.
(c) A second or subsequent violation of this Section is an offense against traffic regulations governing the movement of vehicles. A person who violates this Section shall be fined a maximum of $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense.
(d) This Section does not apply to:
(1) a law enforcement officer or operator of an emergency vehicle while performing his or her official duties;
(2) a driver using an electronic communication device for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation;
(3) a driver using an electronic communication device in hands-free or voice-operated mode, which may include the use of a headset;
(4) a driver of a commercial motor vehicle reading a message displayed on a permanently installed communication device designed for a commercial motor vehicle with a screen that does not exceed 10 inches tall by 10 inches wide in size;
(5) a driver using an electronic communication device while parked on the shoulder of a roadway;
(6) a driver using an electronic communication device when the vehicle is stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park;
(7) a driver using two-way or citizens band radio services;
(8) a driver using two-way mobile radio transmitters or receivers for licensees of the Federal Communications Commission in the amateur radio service;
(9) a driver using an electronic communication device by pressing a single button to initiate or terminate a voice communication; or
(10) a driver using an electronic communication device capable of performing multiple functions, other than a hand-held wireless telephone or hand-held personal digital assistant (for example, a fleet management system, dispatching device, citizens band radio, or music player) for a purpose that is not otherwise prohibited by this Section.

(e) A person convicted of violating subsection (b-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (b-5) commits a Class 4 felony if the violation resulted in the death of another person.
(Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14; 98-507, eff. 1-1-14; 98-756, eff. 7-16-14.)

[Teh One Who Knocks]

Lance, do you know what is specifically prohibited?

From a more in depth article source:


Some hesitant Republicans in the Senate came on board when the fine was tamped down to $300 and language was included to ensure that drivers can only be issued a ticket if using a device actually led them to drive “in a careless and imprudent manner.”

...

While texting and actively operating a moving vehicle remains unlawful, if the bill gets the governor's signature, people could text while at a red light or stopped in traffic if they are still paying attention to their surroundings.

“That’s not dangerous behavior. But if you’re driving down the highway and you’ve got one hand on the wheel and you’re doing this (looks up and down) that’s dangerous behavior and you’re going to kill someone if you’re not really careful and it happens, it happens all too frequently,” said Court.

But the bill does not give people stopped in traffic a free pass.

"Texting must be careless, so if an officer considers texting at a light to be careless he can write a ticket for it," explained Court in an emailed statement.

So it sounds like some of it is being left up to the interpretation of the police.

[RBP]

I walk a fine line on this. I sometimes sends texts with the phone mounted, using voice. So I push the mic button, speak my text message, then push send. I haven't figured out the other voice commands.

[RBP]

Illinois doesn't have an exclusion that requires a resulting carelessness.

[Teh One Who Knocks]

I walk a fine line on this. I sometimes sends texts with the phone mounted, using voice. So I push the mic button, speak my text message, then push send. I haven't figured out the other voice commands.

I've sent/read texts at red lights, but not while driving/vehicle is moving.

[deebakes]

there are no laws here in minnesota and i see distracted drivers all the fucking time... it is amazing there aren't more accidents tbh :x