concurring in part and dissenting in part.
I concur in parts II through IV of the majority opinion. However, I respectfully dissent from the majority’s determination in part I that a person violates the state seat belt law by using only one of multiple safety belts in a car’s “safety belt system.”
The issue arises in the context of determining the admissibility in a civil case of evidence of a person’s failure to comply with § 42-2-237(2), C.R.S.2001, to mitigate damages resulting from a motor vehicle accident. See § 42-4-237(7), C.R.S.2001. Subject to certain exceptions not relevant here, § 42-4-237(2), provides that “every driver of and every front seat passenger in a motor vehicle equipped with a safety belt system shall wear a fastened safety belt while the motor vehicle is being operated on a street or highway in this state” (emphasis added).
The text of § 42-4-237(2) itself differentiates between “a safety belt system” and “a fastened safety belt” and requires only that a driver or front seat passenger wear “a fastened safety belt” while the vehicle is in motion.
“Courts should not presume that the legislature used language idly and with no intent that meaning should be given to its language.” People v. J.J.H., 17 P.3d 159, 162 (Colo.2001)(internal quotation marks omitted). Had the General Assembly intended the result envisioned by the majority, it could have easily worded the requirement in terms of using all belts in the “safety belt system” instead of using “a fastened safety belt.” See Mason v. People, 932 P.2d 1377, 1380 (Colo.l997)(interpreting speedy trial statute).
In my view, the majority’s conclusion is contrary to the clear and unambiguous language of § 42-4-237(2), and, consequently, I would affirm the judgment of the trial court on that issue.