Phone in Hand While Driving Law in Virginia
October 6, 2020 by Jean Humbrecht
Virginia now prohibits having a phone or other handheld personal communication device in one’s hand while driving (Va. Code §46.2-818.2). The law is very broad and the Commonwealth does not need to prove that the driver was doing anything in particular on the phone or device in order to convict the driver. Simply having the phone in one’s hand while driving is enough for a conviction.
Phone in Hand While Driving Law in Virginia Prohibits is Punished with a Fine
The law does not apply to drivers who are lawfully 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 Law in Virginia
Driving with a cell phone in your hand in Virginia is a traffic infraction under Va. Code §46.2-818.2. A first offense is punished with a $125 fine. A second or subsequent offense is punished with a $250 fine.
Violating this law in a highway work zone will be punished with a mandatory $250 fine.
There also is a mandatory minimum $250 fine if a person is convicted of Reckless Driving and was also found to be holding a cell phone in his or her hand while driving under Va. Code §46.2-818.2.
Additionally, a conviction for this offense will automatically result in 3 DMV demerit points on the person’s Virginia driving record. The conviction will remain on the person’s Virginia driving record for 3 years.
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