Family of young boy killed by texting driver hopes new Colorado hands-free law will save lives
A Colorado family who lost a child to distracted driving is applauding a new state law starting Jan. 1, 2025, which now makes driving with electronic devices in-hand illegal for nearly all drivers.
The law requires drivers in Colorado to not use their phones while operating a vehicle unless it is via a hands-free method like CarPlay or a mount on a dashboard.
While there are exceptions for some drivers, including first responders and those calling 911, most other drivers are now prohibited from having their phones in their hands at any time other than when they are parked.
The family of Ollie Stratton told CBS News Colorado they support the new law and hope it will save lives.
Ollie was killed in 2023 when a driver ran him over in the Timnath Ranch neighborhood of Timnath.
"Ollie was riding his bike home from a friend's house like any other kid does. He was crossing a street and was hit and killed by one of our neighbors," said Rod Stratton, Ollie's father.
"Ollie, he was a 10-year-old little boy. He loved soccer, Minecraft, and chess. He was a good friend," said Clarissa Stratton, Ollie's mother. "He was a great friend, a great brother, a beautiful child in every way."
Ollie was hit while crossing one of the more heavily trafficked roadways within the growing Northern Colorado neighborhood.
The driver, identified as local teacher Amy Weiss, initially told officers Ollie suddenly rode his bike out in front of her.
"It was several months before we found out what actually happened to our son," Rod said.
Investigators confiscated Weiss's cellphone and researched her digital footprint leading up to the fatal collision.
"This defendant was texting while driving consistently from Fort Collins to Timnath, including just seconds before hitting and killing Ollie," said Gordon McLaughlin, district attorney in Larimer County.
Evidence showed Weiss was not only texting leading up to the collision but had also deleted many of those texts while still on the scene of the investigation.
"To find out what cost him his life is utterly devastating in every possible way because it wasn't necessary," Clarissa said. "There was nothing about those text messages that were worth his life."
McLaughlin decided to prosecute the case himself instead of having one of his assistant district attorneys handle the case.
"It is one of the saddest cases we can see in the criminal justice system," McLaughlin said. "Texting and driving is incredibly dangerous. It has become overlooked in our society with the prevalence of phones and digital devices. People think they are safe to use all over the place. They are not."
Now, those who are caught with electronic devices in their hands while driving will be subject to a $75 fine and two points off their license for a first offense. Those fines and penalties can increase after further offenses.
"Drivers on cellphones are the cautionary tale, costing people, bikers, pedestrians, and children their lives every day," Clarissa said.
Weiss was found guilty of careless driving resulting in death in a Loveland courthouse. She will be sentenced in March.
McLaughlin said he was disappointed that Colorado law limits the amount of time she can serve in jail to only one year.
"We need a culture change. We need people to realize how dangerous it is," McLaughlin said.
While Ollie's family can never fill the void left by his sudden loss, they hope the new law in Colorado will save others from the pain they live with today.
"The tragedy we are living every day of our lives is not one you want to play out in your own home or neighborhood. We think Coloradans need to take the law seriously and put down the phone when you drive," Clarissa said. "We do think it will save many lives."