Mere blocks from his Larimer County home, Ollie rode his bike on August 2, 2023, looking both ways before crossing the street on the way back from a friend's house. But before he made it across, a woman struck Ollie with her SUV. He died from his injuries.
In the eight minutes leading up to the crash, the driver sent and received sixteen text messages and made two phone calls, says Ollie's mother, Clarissa Stratton.
"We all know that using the phone while driving is dangerous. But my son, his life and his death, tragically underscores a chilling truth: It is not just dangerous, it is deadly," Stratton says. "It destroyed my son's life, it destroyed my family's life, and it can destroy yours."
Texting while driving has been illegal in Colorado since 2009, but until last week, holding and talking on cell phones was legal for adult drivers. State legislators recently changed that.
Beginning on January 1, a new state law prohibits holding, touching or otherwise handling cell phones while driving. Now if drivers want to take a call, play music or use the GPS on their cell phones, they are required to use hands-free accessories like Bluetooth headsets, dashboard mounts and car speakerphone systems.
"There will be a strict enforcement, zero-tolerance policy when it comes to distracted driving from the Colorado State Patrol and we will advocate for that same posture from our police departments across the state," says Colonel Matthew Packard, chief of the Colorado State Patrol.
Distracted driving is the third-leading cause of traffic crashes in Colorado, responsible for more than 700 deaths throughout the state in the last decade, according to the Colorado Department of Transportation. In 2024, 77 percent of Colorado drivers admitted to using cell phones while driving, a CDOT poll found.
Colorado joins 29 other states in prohibiting the use of handheld cell phones while driving, according to the National Conference of State Legislatures.
"It's about creating a culture of personal responsibility when you get behind the wheel," says Shoshana Lew, executive director of CDOT. "Each crash represents lives changed forever, families grieving, communities in shock."
"It is too late for my little boy," Stratton says, "but countless lives are at stake every day on our roads. When drivers hold the lives of others in their hands, there is absolutely no room for a cell phone."
Here's what Colorado drivers need to know about the new law:
Can police pull you over for using a phone while diving in Colorado?
Yes, police can stop drivers just for holding a cell phone in some cases. Unlike the state's seat belt laws, the handheld phone ban is not a secondary enforcement law. Drivers do not need to commit another violation in order to be cited for violating the handheld phone ban.The law specifies that an officer must see a driver "use a mobile electronic device in a manner that caused the individual to drive in a careless and imprudent manner"; however, driving carelessly or imprudently can include driving in an otherwise legal manner while holding a cell phone. For example, holding and/or looking at a cell phone while driving through a school zone, construction area or at high speeds on the highway could all result in a traffic stop, Packard says.
"That is careless, that is not paying attention, that is putting people's lives at risk," Packard says. "I promise you this: If a state trooper sees you driving like this...you can count on getting a ticket from us."
Can you hold your phone at a stop light in Colorado?
No, the law only allows drivers to hold cell phones while parked or pulled over on the shoulder of a road. Holding a phone while stopped temporarily, such as at a red light or while in a traffic jam, is illegal.Can you touch your phone while using a hands-free accessory?
Yes, but not much. Even if a cell phone is being used via a hands-free accessory like a dashboard mount, the law only permits touching the phone "to activate, deactivate or initiate the feature or function with a single touch or single swipe." So if you're driving and quickly tap your phone to skip a song, end GPS navigation or answer a phone call, that's legal. But if you have to touch it multiple times to initiate a phone call or enter an address in the GPS, that's illegal. Basically, any activity that requires data entry is prohibited, such as typing a text message or searching for a song, though you can use voice-to-text features.
Are there exceptions to the new law in Colorado?
What if there's an emergency? Good news: There's an exception for that. The law allows cell phone use while driving if the driver is contacting a public safety entity or reporting a traffic accident, road hazard, unsafe driving, fire, suspected criminal act or a reason to fear for someone's safety.The law also provides exceptions for first responders, utility workers, code enforcement officers, animal protection officers and individuals with commercial driver's licenses who are operating commercial vehicles.
What about other people who use their phones for work, such as rideshare or delivery drivers? No such luck: They have to follow the same restrictions as ordinary drivers.
"From our perspective, it's about urgency," Packard says. "If you're a rideshare service driver and you have to pull over to accept a ride or to do something, just please do that in a safe manner."
Can you get out of the citation?
Yes, but only once. First-time violators can get the ticket and all associated penalties dismissed if they show proof that they own or have purchased a hands-free accessory.Otherwise, penalties range from $75 and two license suspension points for the first offense to $250 and four points for three or more offenses.
Does the new Colorado law ban anything else?
The new law forbids drivers from watching videos or movies on cell phones while driving, even if the phone is mounted in a hands-free accessory and not being touched by the driver. It also specifies that drivers cannot conduct a phone call by pressing a cell phone between their ear and shoulder, or by putting it on speaker and holding the phone in their hand or resting it on another body part, like their leg.In addition, an existing state law already prohibits driving while wearing headphones or earbuds in both ears. So drivers need to use one earbud or purchase a Bluetooth headset to use that as a workaround for the handheld ban.
Will the ban be enforced in Denver?
Denver police recently stopped conducting traffic stops for low-level offenses, such as broken tail lights or expired vehicle registration tags. Traffic stops plummeted by 47 percent between May and December after the department made the change.The Denver Police Department did not respond to an inquiry from Westword about whether holding a cell phone while driving would qualify as a low-level offense. Denver7 News reports that a DPD training bulletin names reckless driving as a serious crime that would trigger traffic stops, but it makes no mention of distracted driving.
Packard says he hasn't spoken to the DPD about its enforcement plan, but expects the department to take the new law seriously.
"I've got a ton of data to show you that distracted driving kills people. This is far from anything that would be construed as 'low-level' in my view," he says. "I can't imagine any policing agency that wouldn't agree."
The Colorado State Patrol anticipates an increase in citations this year with the new law, Packard adds.
"We are doing this to save people's lives," he says. "So help us and do your part. Put your phone down, drive the car, and give it the responsibility that it deserves. ... Lives absolutely depend on it."
