Using Handheld Personal Communications Devices in Virginia While Driving
February 6, 2021 by Jean Humbrecht
Virginia recently enacted a new law prohibiting drivers from having a handheld personal communication device in their hands at all while driving (Va. Code §46.2-818.2). The Commonwealth does not need to prove that the driver was doing anything in particular with his or her phone to be convicted of this offense.
Using Handheld Personal Communications Devices in Virginia While Driving is Against the Law
The prohibition against having a cell phone in one’s hand while driving does not apply to people who are lawfully parked or stopped, drivers reporting emergencies, people using amateur or citizens band radios, emergency vehicle operators engaged in the performance of their official duties, and certain operators of Department of Transportation vehicles.
Using Handheld Personal Communications Devices in Virginia While Driving
Using handheld personal communications devices in Virginia while driving is a traffic infraction (Va. Code §46.2-818.2) A conviction for a first offense is punished with a fine of $125. A conviction for a second or subsequent offense is punished with a $250 fine.
Additionally, drivers violating this law in a highway work zone will be punished with a mandatory $250 fine.
There is also a mandatory minimum fine of $250 if a person is convicted of Reckless Driving and had a cell phone in his or her hand at the time of the offense.
A conviction for violating this law will also result in 3 DMV demerit points and the conviction will remain on the driver’s record for 3 years.
***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***