CASTLE ROCK — Drivers in Colorado who don’t move over a lane when passing law enforcement vehicles, state highway workers or tow-truck drivers parked on the side of the road could face up to 18 months in jail signed Thursday that was named for fallen .
The “Move Over for Cody Act” raises potential jail time and financial penalties for driver who failto move over for emergency responders, especially in situations that lead to vehicular damage or someone being hurt or killed.
“This law means a lot,” said Donahue’s widow, , after the legislation was signed by Gov. JohnHickenlooper. “(Standing) on the side of Interstate 25 and with the trucks going by at 70 mph — it’s scary. It takes your breath away.”
Velma worked with lawmakers on the bill after her husband , by a tractor-trailer driver who authorities say drifted onto the shoulder of I-25 near Castle Rock. Donahue was outside of his Colorado State Patrol cruiser — its lights flashing — while responding to another crash when he was hit.
Investigators say the truck driver had room to move over.
The legislation was also inspired by a similar situation a year earlier involving State Trooper Jaimie Jursevics, who like Donahue was killed on I-25 near Castle Rock.
“Letap make this a law,” Hickenlooper said as he signed the legislation at Donahue’s troop headquarters in Castle Rock. He was flanked by Velma and Donahue’s sister, who also worked on the bill, as well as members of the State Patrol.
The new law against careless driving — or failing to move over — carries a possible penalty of 12 to 18 months in jail and a fine of up to $5,000.
"Let's make this a law." signs into law increased penalties for law violations.
— Colorado State Patrol (@CSP_News)
Before the bill was signed into law, the offense included punishment of 10 days to 12 months in jail and a maximum $1,000 fine.
Senate Bill 229 also increases the seriousness of the offense if someone is killed because of a violation of the move-over law, to a low-level felony, rather than a high-level misdemeanor.
“If you see those flashing lights, slow down,” said an emotional state Senate Majority Leader Chris Holbert, R-Douglas County, who sponsored the legislation. “Move over. Letap make sure moms and dads get home to see the family.”
Drivers on Colorado roadways are mandated to slow down and move over at least one lane as they approach emergency vehicles and tow trucks on the side of the road. There are exemptions for weather and road conditions,including traffic.
Since Donahue’s death, the Colorado State Patrol of the move-over laws. Authorities say they’ve found many of state’s motorists either don’t know about or don’t care enough to obey the mandates meant to protect emergency responders.
“On a general day-to-day basis, we are probably seeing more (offenses) than we used to,” said Trooper Josh Lewis, a spokesman for the agency, noting that citations issued for the offense have increased dramatically after Donahue’s death.
