Hands Free Phone Policy in Virginia
September 28, 2020 by Jean Humbrecht
It is against the law in Virginia to have a cell phone or other handheld personal communication device in one’s hand while driving (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. Simply having the phone in one’s hand while driving is enough.
Hands Free Phone Policy in Virginia Prohibits Drivers From Having Cell Phones in Their Hands
The prohibition does not apply to drivers who are lawfully parked or stopped, drivers reporting emergencies, drivers 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.
Hands Free Phone Policy in Virginia
Drivers in Virginia are not allowed to have a cell phone in their hands at all while driving. Drivers who violate this law can be charged with a traffic infraction under Va. Code §46.2-818.2. A first offense is punished with a fine of $125. A second or subsequent offense is punished with a fine of $250. Additionally, drivers who violate this statute in a highway work zone will be punished with a mandatory $250 fine.
Additionally, there is a mandatory minimum $250 fine 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 in one’s hand while driving in Virginia is also penalized with 3 DMV demerit points and the conviction will remain on the person’s Virginia driving record for 3 years.
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