Posted on Nov 22, 2019

Texting while driving is dangerous because it distracts you from watching the road and can lead to car accidents and severe injuries. As texting and driving becomes more of an issue throughout the country, many states have made it illegal. If a police officer sees you looking down at your phone and assumes that you’re texting, they can give you a ticket.

Colorado’s texting and driving laws are more lenient than some states, so if you’ve received a ticket for texting and driving, it’s possible to fight your ticket in traffic court and look into getting the charges reduced or dismissed. Speaking to a Denver traffic ticket lawyer from Justice for Colorado can give you guidance on how best to handle your case.

Colorado Texting and Driving Laws

Texting and driving is illegal in Colorado only if texting while driving causes the driver to drive in a careless and imprudent manner. Although Colorado’s previous law banned texting and driving completely, the state has changed the provision because the penalty for texting and driving has significantly increased.

Penalties for Texting and Driving in Colorado

The previous penalty for texting and driving was a $50 citation and one point added to the driver’s record. Now, if a driver is caught texting because they’re driving in a careless and imprudent manner, they’ll receive a $300 citation and four points on their driving record.

The difference in these penalties is significant, not only because of the fine, but because the added points can increase insurance premiums. Some drivers may suffer a license suspension if they have a four-point increase on their driving record, depending on how many points they had on their record already.

Defense Strategies to Fight Your Ticket

The new texting and driving law in Colorado adds a lot of room for interpretation when going to court to fight your ticket. A strong defense strategy you can use is a lack of evidence by the police. It’s likely that the police saw you driving in a careless and imprudent manner but have no proof to support what they saw. By challenging their judgement in court, you may get your ticket reduced or dismissed.

It’s also possible to claim that you were texting for an emergency reason. If you can prove through your text messages that you were contacting a public safety entity or an emergency service, you’ll likely receive leniency from the court.

Contact a Denver Traffic Ticket Attorney

Fighting a texting and driving ticket may seem like a waste of time, but with the harsh penalties Colorado has now imposed, it can be worth it to defend yourself in court. If you don’t try to reduce or dismiss your charges, you’ll end up with a hefty fine and points on your record that are difficult to remove. An experienced attorney can work with you to come up with a strong defense.

If you’re ready to speak with a Denver traffic ticket lawyer from Justice for Colorado, call 303-647-9691 or fill out the contact form below to schedule a free consultation.