Have you seen the signs above I-25 stating that starting Jan 1, 2025 you MUST put your cell phones down? Well, the time has come! With the new year comes the enacting of new laws and one of those laws is related to holding your cell phone while driving. This means there is yet another avenue for law enforcement to pull you over and ticket you – having your cell phone in your hand. But, it is just as simple as that? Let’s take a closer look.
Greeley Ticket Use of a Mobile Electronic Device Violation: How is this Traffic Ticket Charged in Colorado?
The Greeley, Colorado Use of a Mobile Electronic Device – C.R.S. 42-4-239 – is:
Those exceptions (subsection 3) include:
(a) To contact a public safety entity;
(b) During an emergency;
(c) When an employee or contractor of a utility is acting within the scope of the employee’s or contractor’s duties when responding to a utility emergency;
(d) When an employee or contractor of a city or county is acting within the scope of the employee’s or contractor’s duties as a code enforcement officer or animal protection officer; or
(e) During the performance of a first responder’s official duties.
There is one specific element that EVERYONE should know:
So – it’s not just that you can get a ticket for having your phone in your hand. You have to drive in a careless or imprudent manner.
Penalty for Using Cell Phone While Driving in Windsor and Erie
The penalty for Use of a Mobile Electronic Device in Windsor and Erie is as follows:
(I) A fine of seventy-five dollars and a surcharge of ten dollars for the first offense within the immediately preceding twenty-four months;
(II) A fine of one hundred fifty dollars and a surcharge of ten dollars for the second offense within the immediately preceding twenty-four months; or
(III) A fine of two hundred fifty dollars and a surcharge of ten dollars for the third or subsequent offense within the immediately preceding twenty-four months.
If there was an accident that caused injury or death to another and the person driving was holding a cell phone, then it will be charged as a class 1 traffic misdemeanor traffic offense.
A few things to note:
- Getting ticketed for this offense DOES NOT give law enforcement the right to take your cell phone from you. (This is specifically noted in the statute)
- FOR A FIRST OFFENSE ONLY: If you can provide proof that you purchased a hands-free accessory for your phone and swear under penalty of perjury that you have not been previously charged with using a cell phone while driving, then you can get the case dismissed.
If you or someone you love has been charged with a crime, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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