COLORADO LAWYERS
Free Consultation 303.818.2448
Helpful Traffic Offense Resources

Colorado's Texting While Driving Law

42-4-239 / Misuse of a wireless telephone

Definition

  • (1) As used in this section, unless the context otherwise requires:
  • (a) "Emergency" means a situation in which a person: (I) Has reason to fear for such person's life or safety or believes that a criminal act may be perpetrated against such person or another person, requiring the use of a wireless telephone while the car is moving; or (II) reports a fire, a traffic accident in which one or more injuries are apparent, a serious road hazard, a medical or hazardous materials emergency, or a person who is driving in a reckless, careless, or otherwise unsafe manner.
  • (b) "Operating a motor vehicle" means driving a motor vehicle on a public highway, but "operating a motor vehicle" shall not mean maintaining the instruments of control while the motor vehicle is at rest in a shoulder lane or lawfully parked.
  • (c) "Use" means talking on or listening to a wireless telephone or engaging the wireless telephone for text messaging or other similar forms of manual data entry or transmission.
  • (d) "Wireless telephone" means a telephone that operates without a physical, wireline connection to the provider's equipment. The term includes, without limitation, cellular and mobile telephones.

(2) A person under eighteen years of age shall not use a wireless telephone while operating a motor vehicle.

(3) A person eighteen years of age or older shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle.

(4) Subsection (2) or (3) of this section shall not apply to a person who is using the wireless telephone:

  • (a) To contact a public safety entity; or
  • (b) During an emergency.

(5) (a) A person who operates a motor vehicle in violation of subsection (2) or (3) of this section commits a class A traffic infraction as defined in section 42-4-1701 (3), and the court or the department of revenue shall assess a fine of fifty dollars.

(b) A second or subsequent violation of subsection (2) or (3) of this section shall be a class A traffic infraction as defined in section 42-4-1701 (3), and the court or the department of revenue shall assess a fine of one hundred dollars.

(6) (a) An operator of a motor vehicle shall not be cited for a violation of subsection (2) of this section unless the operator was under eighteen years of age and a law enforcement officer saw the operator use, as defined in paragraph (c) of subsection (1) of this section, a wireless telephone.

(b) An operator of a motor vehicle shall not be cited for a violation of subsection (3) of this section unless the operator was eighteen years of age or older and a law enforcement officer saw the operator use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission.

(7) The provisions of this section shall not be construed to authorize the seizure and forfeiture of a wireless telephone, unless otherwise provided by law.

(8) This section does not restrict operation of an amateur radio station by a person who holds a valid amateur radio operator license issued by the federal communications commission.

(9) The general assembly finds and declares that use of wireless telephones in motor vehicles is a matter of statewide concern.

Have legal questions? Call our Denver traffic offense attorneys at (303) 818-2448 today.

What Our Clients Say

  • “Throughout the process Rhidian was up front and honest with me, while at the same time displaying a level of compassion for my situation that helped me cope with what I was possibly facing.”

    SATISFIED CLIENT; DUI CHARGE

  • “My case was resolved as fair as the circumstances allowed. I am very happy with the outcome of my case.”

    SATISFIED CLIENT; ADAMS COUNTY CARELESS DRIVING CAUSING BODILY INJURY

  • “The attorneys at The Orr Law Firm had my best interest in mind and walked me through the entire process.”

    SATISFIED CLIENT; DUI CHARGE

  • “You get an entire team of experts that make you feel like your case is the most important.”

    SATISFIED CLIENT

  • “When they say "Colorado's Premier DUI Defense Law Firm," they mean it!”

    SATISFIED CLIENT; ARAPAHOE COUNTY DUI

  • “Hire yourself a top DUI defense law firm like The Orr Law Firm”

    SATISFIED CLIENT; JEFFERSON COUNTY DUI X 2

  • “I had the absolute BEST team possible”

    SATISFIED CLIENT

  • “They calmed our fears completely.”

    SATISFIED CLIENT

  • “Needless to say, I am overjoyed.”

    SATISFIED CLIENT; JEFFERSON COUNTY TRAFFIC CASE

  • “The outcome was more than we could have ever wished for.”

    SATISFIED CLIENT; JEFFERSON COUNTY DUI - W/ PRIOR

  • “Results speak for themselves, hire the Orr Law Firm.”

    SATISFIED CLIENT; WELD COUNTY DUI

  • “Due to his in depth knowledge of the law and his detailed review of my case, he was able to discover several procedural errors.”

    SATISFIED CLIENT; DENVER COUNTY DUI

  • “The Orr Law team was not only understanding, but sympathetic and compassionate about my case.”

    SATISFIED CLIENT

  • “They are all extremely helpful, knowledgeable, and totally in your corner.”

    SATISFIED CLIENT; ADAMS COUNTY DUI

  • “In the end, these guys saved me from prison”

    SATISFIED CLIENT; JEFFERSON COUNTY DUI & FELONY ASSAULT ON A PEACE OFFICER

Contact Us For A Free Consultation

We are ready when you are. Fill out the following form or call us at (303) 818-2448 and our helpful team will return your inquiry shortly.
  • Please enter your first name.
  • Please enter your last name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.