The law took effect as soon as Hickenlooper signed the bill on June 1, but it may not be so applicable in some cities that have their own municipal ordinances banning texting and driving -- like Greeley, whose ordinance has been in place since 2016.
The differences in the two laws are worth noting, and whichever applies depend on the infraction — at least in Greeley.
Under city ordinance, said Greeley Police Chief Jerry Garner, a person can be punished with a fine of up to $1,000 for texting and driving — even if they're at a stoplight — although the penalties are rarely that heavy.
When officers do issue tickets, though, they have a choice. They can order a person to appear in Greeley Municipal Court, where the driver is subject to Greeley's ordinance. Or, they can write an errant driver a summons to Weld County Court, where the new state law applies. Often, Garner said, officers send drivers to municipal court. But if, in addition to texting and driving, a person is in violation of a state law, such as driving without a license, they must appear in county court, where the new texting and driving law holds sway.
Under the new state law, even if a person has a clean driving record, they must pay $300 for texting and driving.
Colorado Sen. John Cooke, himself a former Weld County Sheriff, admits the $300 fine on a first offense is steep, but it's actually a compromise — in its original form, the bill laid out a $500 fine.
"It's a pretty serious offense," said Cooke. "Look at what could happen when you're texting (and driving). … It's really dangerous."
Lawmakers hammered out other changes to Colorado's texting and driving law as well. In the past, a motorist could violate the state law simply by texting in their car, even if the car wasn't moving. That's still true in Greeley.
Under the new state law, drivers ticketed in other parts of Weld County and the state won't be written a $300 ticket unless they are using their phone in a way that causes them "… to drive in a careless … manner, without due regard for the width, grade, curves, corners, traffic and use of the streets and highways … ," according to the language in the bill.
Cooke said lawmakers added that language because they raised the fine. Under the old state law, texting and driving as a first offense was punishable by a $50 fine. A second offense cost drivers $100. Now, they face three times that. Additionally, the new law punishes texting and driving as a first offense with four points against the driver's license.
"That kind of penalty for just sitting there (texting in a car) seemed unreasonable," Cooke said. "It was a good compromise."
Garner said it's a tough law to enforce, however. The municipal law requires a person to actually be texting in their car, which can be difficult for officers to prove.
"It's lawful to talk on the cellphone (while driving)," he said. "We need to be able to prove (a driver) was actually texting."
Because of that, he said, Greeley officers often issue more warnings than tickets.
But even under state law that provision changed, drivers will still have to pay just as much attention to the road.
"If you're sitting at a stoplight, and the light changes green, and you're still sitting there texting, now you're (driving) in a careless and imprudent manner," said Colorado State Patrol Trooper Nate Reid.
That would be enough to warrant the $300 fine, he said.
As severe as that penalty is, Reid said it's necessary because of how often troopers see drivers using their cell phones on the road.
"It happens to everybody, it happens to state troopers," he said. "We get it. We don't want anybody to be fined $300 for it. (But) a majority of people are getting hurt in crashes because of a distraction."
©2017 the Greeley Tribune (Greeley, Colo.) Distributed by Tribune Content Agency, LLC.