Phone in Hand While Driving in Virginia Prohibited
July 20, 2020 by Jean Humbrecht
It is against the law to have a handheld personal communication device in one’s hand at all while driving in Virginia (Va. Code §46.2-818.2). The Commonwealth does not need to prove that the driver was doing anything in particular on the phone or device for a conviction.
Phone in Hand While Driving in Virginia Prohibited
The law does not apply to drivers who are parked or stopped, drivers reporting an emergency, drivers using an amateur or citizens band radio, emergency vehicle operators engaged in the performance of their official duties and certain operators of Department of Transportation vehicles.
Phone in Hand While Driving in Virginia Prohibited
Drivers in Virginia who have their cell phones in their hands while driving can be charged with a traffic infraction under 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 found in violation of this statute in a highway work zone will be punished with a mandatory fine of $250.
There also is a mandatory minimum fine of $250 if a person is convicted of Reckless Driving and was also found to be in violation of this statute.
A conviction for having a phone or other handheld personal communication device in one’s hand while driving in Virginia will also result in 3 DMV demerit points on the person’s Virginia driving record and the conviction will stay on the person’s Virginia driving record for 3 years.
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