Driving Hands Free Law in Virginia
August 20, 2020 by Jean Humbrecht
The driving hands free law in Virginia prohibits having a cell phone or other handheld personal communication device in your hand for any reason while driving (Va. Code §46.2-818.2). The law is broad and the Commonwealth does not need to prove that the driver was doing anything in particular on the phone or device for a conviction.
The Driving Hands Free Law in Virginia is a Traffic Infraction
The law does not apply to drivers who are lawfully parked or stopped, drivers reporting emergencies, drivers using an amateur or citizens band radio, drivers operating emergency vehicles and certain operators of Department of Transportation vehicles.
Driving Hands Free Law in Virginia
The driving hands free law in Virginia (Va. Code §46.2-818.2) is a traffic infraction and is punished with a fine and automatic DMV points. 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 fine of $250.
A conviction for violating this law in a highway work zone is punished with a mandatory fine of $250.
There is a mandatory minimum fine of $250 if a person is convicted of Reckless Driving and also had a cell phone or other handheld personal communications device in his or her hand at the time the person committed the offense resulting in the Reckless Driving charge and conviction.
Additionally, a conviction will automatically result in 3 DMV demerit points on the person’s Virginia driving record and the conviction will remain on the person’s Virginia driving record for 3 years.
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