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New law bans all drivers from texting
Posted: 06.02.2009 at 9:24 AM
Rachel Welte

Rachel Welte is the Weekend News Anchor and a General Assignment Reporter.

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Goes into effect Dec. 1

Read more: Local, State, Community, Cell Phone, Driving, Texting, Bill, Law, Housebill 1094, Governor Ritter, Morning Show, Colorado Springs, Pueblo, Family

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COLORADO SPRINGS, COLO. -- If you text while driving your days are numbered.

Monday Governor Ritter signed a bill that bans all drivers from texting.

The bill also makes it illegal for any driver under 18 to talk on handheld cell phones while driving.

Hands-free devices are allowed and there are exceptions for emergencies.

The text message ban takes effect December 1, and drivers could be fined $50 if cited

House Bill 1094 originally would have required hands-free cell phone devices for all drivers.

Supporters of the bill said they are upset the original draft did not pass, but added it is a small victory.

As for those who will be enforcing the law, they said they are ready for the change.

"Obviously our primary objective is always our core services meaning calls for service and those responses, and when it comes to traffic enforcement this will be another tool in our toolbox," Lt. David Whitlock with the Colorado Springs Police Department said.

Lt. Whitlock said they are not worried about enforcing the new law. He said it is a good opportunity for CSPD to site drivers for a dangerous activity.

"Driving is a privilege not a right, and clearly that is what the legislature had in mind when they passed this bill," Lt. Whitlock said.

The El Paso County District Attorney's Office said the offense is a primary one meaning you can get stopped for texting and nothing else.

They said a third party can not report the violation, but rather a police officer has to directly see the infraction.

Lt. Whitlock said that is somewhat of a gray area.

"Clearly it is going to be an officers judgment versus what is said by the driver or other occupants of the vehicle, and those will always be things that have to balanced at the time by an officer before they determine if they have reasonable suspicion to site someone for the violation," Lt. Whitlock said.

State Representative Marsha Looper told FOX 21 she is happy with the new law and said it will hopefully save lives in Colorado.

Click on the movie camera/video icon to view the story as it aired on FOX 21 News. 

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