Driving in an era filled with distractions is no easy feat. Recognizing the dangers of distracted driving, Colorado enacted the Hands-Free Law to keep roads safer for everyone. While the law's intent is commendable, its enforcement can raise concerns for drivers, particularly when it appears unevenly applied. Suppose you’re a Colorado driver wondering how this law works or how to handle potential issues of unequal enforcement.
What Is the Colorado Hands-Free Law?
The Colorado Hands-Free Law is designed to prevent distracted driving caused by using electronic devices. It prohibits drivers from holding or manually using their phones while operating a vehicle. Texting, emailing, or even scrolling through social media while driving is strictly forbidden.
The restrictions are even tighter for minors under 18. Young drivers cannot use their devices in any capacity, not even in hands-free mode.
The goal is simple but critical: reducing accidents caused by inattention and encouraging drivers to focus solely on the road. This legislation reflects a growing trend nationwide as states seek to combat the alarming rise in accidents linked to distracted driving.
Penalties for Violating the Law
Violating Colorado’s Hands-Free Law can result in fines, points on your driving record, and higher insurance premiums. The penalties escalate for repeat offenders, creating financial incentives to comply with the law.
But what happens if you feel you’ve been unfairly targeted? Unfortunately, not all enforcement is cut and dried.
The Challenge of Unequal Enforcement
Although the law is clear in principle, enforcing it can be subjective. Drivers across Colorado have raised concerns about applying these laws, with some examples of possible unequal treatment. Here are a few challenges that arise:
- Determining Device Use: Police officers rely on observation to determine if a driver is holding or using a device. However, an officer might misinterpret a gesture or mistake an object (like a wallet) for a phone. This reliance on human judgment can lead to errors.
- Disparities in Enforcement: Studies in other states with similar laws have revealed uneven enforcement, often along racial, socioeconomic, or geographical lines. Minority drivers or those in lower-income neighborhoods may feel they’re targeted more frequently.
- Unclear Exceptions: The law allows for hands-free use, like voice commands or mounted devices. However, disputes often arise about whether device use meets those standards. This legal gray area can leave drivers confused—and vulnerable to violations they may not fully understand.
- Citations Without Evidence: Because the officer's word often serves as primary evidence, drivers may struggle to defend themselves if they believe the citation was issued unfairly. Video proof, such as dashcam footage, can be helpful, but not everyone can access this technology.
Legal Advice for Drivers Impacted by Unequal Enforcement
You have options if you believe you've been unfairly targeted or improperly cited under the Colorado Hands-Free Law. Here’s what you can do:
1. Know Your Rights
When pulled over, remain calm and polite, but make it clear you wish to understand the reason for the stop. Ask for specifics about what the officer observed. This information could be crucial if you decide to contest the citation later.
2. Document Everything
Record as many details about the incident as possible. Were you using your phone? Was it mounted on a dashboard holder? Did the officer provide evidence of the alleged infraction? Write down information about the stop's time, location, and circumstances, as this could help bolster your case.
3. Challenge the Citation
You can challenge a ticket in court if you believe it was issued unfairly. Presenting clear evidence—such as a call or text log proving your phone wasn’t used then—can make a significant difference. Witness statements or any dashcam footage you have can also strengthen your defense.
4. Seek Legal Help
Navigating legal disputes can be intimidating, especially when facing subjective judgments. An experienced traffic attorney specializing in Colorado laws can help review your case, uncover potential enforcement biases, and advocate. They’ll also ensure your rights are protected.
5. Address Potential Bias
If you believe unequal enforcement is at play, your case may go beyond a simple citation. Discuss with your attorney whether evidence of discrimination or unfair targeting exists. Colorado has anti-discrimination laws that protect drivers from enforcement disparities.
Denver Car Accident Attorney
Navigating the complexities of the Colorado Hands-Free Law requires a thorough understanding of its provisions, enforcement patterns, and potential legal challenges. For drivers in Denver, CO, seeking expert legal advice can be invaluable in ensuring compliance and addressing any issues of unequal enforcement. At Orr Law Firm, our experienced team is dedicated to providing personalized legal support to help you navigate the intricacies of the law. Contact us today at (303) 747-4247 to learn more about how we can assist you in protecting your rights and ensuring fair treatment under the Colorado Hands-Free Law.