Face the State Staff Report
House Bill 1094, which bans texting while driving, is set to go into effect December 1, 2009. But local sheriffs across the state are skeptical of the bill's impact, saying it will be "extremely difficult" to enforce.
The gutted product of a bill aimed at banning cell phone usage while behind the wheel, HB 1094 makes texting and e-mailing while driving illegal for everyone and prohibits the use of cell phones for drivers under 18, except in an "emergency" situation. Since being signed by the governor this spring, questions have been raised about how law enforcement officers will implement the new law, or if it's passage alone is enough to discourage drivers from texting and driving.
"I haven't given it a lot of thought yet," said Yuma County Sheriff Sam McCoy. "It will definitely be on a lower level of importance. It's kind of like a seat belt law. Although it is important that people wear safety belts, how much time do you have to go out and enforce that?"
Bill sponsor Rep. Claire Levy, D-Boulder, says recognizes the practical difficulties facing law enforcement, but believes citizens will choose to abide by the new law.
"I'm realistic about their ability to enforce their law, but I think people generally try to be law abiding, especially while driving," said Levy. "It's important to say, via the law, that it's illegal to text while you drive because it's not safe."
Under the new law, a motorist guilty of texting while driving receives a "Class A" civil traffic violation, the harshest category. Other class A offenses include speeding at least 10 miles per hour over the posted limit, according to Trooper Ryan Sullivan with the Colorado State Patrol.
"With a Class A, points can be assessed in addition to a fine," explained Sullivan. "Class A is a little bit more serious than Class B."
The Weld County Sheriff's office also voiced concerns about the reactionary nature of the law, which was introduced after the death of a girl in Fort Collins due to a distracted driver who was talking on the phone.
"This law is going to be extremely difficult to enforce, unless there is an accident and self-admittance that there was texting," said Weld County Sheriff's spokesperson Margie Martinez. "This is a reactive law to a very tragic incident, but it is a reaction and it will be very difficult to enforce."
Levy said she had been contemplating running this bill "long before" the accident in Fort Collins. "To me, that just reinforced the need for it," she said.