Cell Phone in Hand While Driving in Virginia Prohibited
January 20, 2022 by Jean Humbrecht
Virginia law prohibits having a handheld personal communication device in one’s hand at all 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 for a conviction.
Cell Phone in Hand While Driving in Virginia Prohibited
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 and certain operators of Department of Transportation vehicles.
Cell Phone in Hand While Driving in Virginia Prohibited
Drivers who have their cell phones in their hands in Virginia 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 $125 fine. A conviction for a second or subsequent offense is punished with a fine of $250. Additionally, drivers found in violation of this law in a highway work zone are punished with a mandatory fine of $250.
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 the law banning holding a handheld personal communications device while driving.
A conviction for violating this law will also result in 3 DMV demerit points on the person’s Virginia driving record. The conviction will stay on the person’s Virginia driving record for 3 years.
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