Colorado Senate weighs bill that would increase penalties for careless driving

The Colorado Senate Judiciary Committee is weighing a bill that would increase penalties for careless driving in Colorado when it results in serious injury or death.

Lawmakers behind the bill say they were called to action by recent deaths on Colorado roads, including those of Alexander Mackiewicz, Liam Stewart and Magnus White.

"I will keep fighting until it happens," said Victoria Cegielski, Alex Mackiewicz's mother.

Cegielski has been working to change the law since her son Alex was hit and killed in the crosswalk on his way to school.

That driver, who ran a red light, pleaded guilty to careless driving resulting in death and received a year in jail and a $1,000 fine, the maximum penalty under Colorado law.

"Careless driving resulting in death. Think about this word careless, lack of care," Cegielski said. "Is lack of care an accident or a choice? Is ignoring a red light for eight seconds an accident?"

Cegielski and other Colorado families want to change those maximum penalties.

"We've all come to know one another because of a common tragedy, and that's the death of a loved one, a death due to the behaviors or choices of a driver, when each death was preventable," said Teri Vogel, whose husband Chuck was killed in a hit-and-run while riding his bike in Parker. "Each fatality, each statistic that you hear is a story. It's a family, and there's lives forever changed as a result of it. It's a stark reminder of why we're here today. Everyone deserves to get home safely."

Senate Bill 25-281, sponsored by John Carson and Marc Snyder, would classify careless driving as a felony, add the possibility of a one-year driver's license suspension, change the law so multiple deaths resulting from careless driving could be charged as separate offenses, and require law enforcement to test drivers for drugs and alcohol if they drive carelessly and kill someone.

Right now, careless driving resulting in serious bodily injury is a Class 1 misdemeanor traffic offense. The bill would change it to a Class 6 felony, punishable with up to 18 months in prison and a $100,000 fine.

"No matter what the sentence is, you can't deter accidental conduct," said Tristan Gorman, policy director for the Colorado Criminal Defense Bar.

The Colorado Criminal Defense Bar opposes the bill, saying that district attorneys already have many different felony charges to impose on drivers who are shown to be driving recklessly.

"It might not mean a statutory definition of reckless, but it is a choice to drive carelessly, and this state should hold people accountable for making that choice," said Col. Matthew Packard, Colorado State Patrol chief, who supports the bill.

Gorman believes the intentions for the proposed legislation will not be successful, and rather manifest consequences for the state and drivers who could become penalized. 

"It will not reduce traffic fatalities. What it will do is cost the state more money and impose lifelong collateral consequences of felony convictions on drivers who were not under the influence and not driving recklessly," Gorman said.

Gorman also finds the mandated alcohol and drug testing in the bill problematic.

"My understanding is that officers already are not the ones who are doing blood draws, so mandating that they do them doesn't make a lot of sense. You could certainly have language that says they can request them and direct people who are trained, like paramedics or nurses, to do a blood draw, and that would be fine," Gorman said, adding that the bill also presents challenges with express consent.

If the bill passes the Senate Judiciary Committee, it will go to the Senate Appropriations Committee and then a second reading on the floor before reaching the House. The committee had not yet voted on the item and was expected to pick it back up for a possible vote Monday, April 21. 

Supporters of this bill say they won't stop fighting for its passage.

"I will die on this hill." Cegielski said.