DENVER — Starting Jan. 1, 2025, having your cellphone in your hand while driving will be illegal.
Adult drivers must use a hands-free device to make phone calls or use GPS, the Colorado Department of Transportation said. That includes dashboard phone mounts, Apple CarPlay/Android Auto or built-in car speaker systems. The new law expands on the state's existing ban on texting while driving, according to CDOT.
“Get the phone out of your hand. That is the end of the story. That's the full stop,” Scott O’Sullivan, a personal injury lawyer in Denver and advocate for the Hands Free Law, said.
O’Sullivan has spoken with Colorado lawmakers and members Congress for seven years, trying to get a hands-free law passed.
“It was one of those things where, when it finally passed, it almost felt like disbelief because it was such a big, monumental deal,” O'Sullivan said.
It’s already illegal for anyone 18 years old and younger to have a phone in their hand while driving, and O’Sullivan said it makes sense to apply this law to everyone.
“I unfortunately see death and mayhem every single day, and that was the genesis behind trying to help pass this,” O'Sullivan said. “Every single day we drive, we see people on their phones, and there's nothing more frustrating.”
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As the new law is written, it makes using your phone while driving a secondary offense. O'Sullivan wishes it could’ve been a primary offense.
“The officer does have to see a phone in your hand or have some probable cause in which to pull you over, which makes sense, but they can't really necessarily pull you over as a primary offense. It ends up being a secondary offense, so they have to see some other behavior and see the phone in your hand to pull you over,” O'Sullivan explained.
The first time you’re caught, you'll get a $75 fine and two points against your driver's license. Drivers can get that first citation dismissed by a court if they can prove they have a Bluetooth device or have proof of the purchase of a hands-free accessory.
The penalty will raise each time you're cited for this offense. Fines increase to $250 and 4 license points by the third offense.
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With the passing of Senate Bill 65, Colorado will join other 27 other states that have similar laws already in the books, including California, which saw a 31% reduction in traffic-related deaths two years after a ban on cellphone use while driving was implemented; and Washington, D.C., which nearly reduced traffic deaths by half two years after passing a law banning cellphone use behind the wheel 20 years ago.