Cell Phone in Hand While Driving Law in Virginia
May 20, 2022 by Jean Humbrecht
Virginia now prohibits holding a handheld personal communication device 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.
Having a Cell Phone in One’s Hand in Virginia While Driving is Against the Law
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, drivers operating an emergency vehicle and certain operators of Department of Transportation vehicles.
Cell Phone in Hand While Driving Law in Virginia
Drivers who have their cell phones or other handheld personal communications devices 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. Violating this law in a highway work zone is 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 violating this law at the time he committed the offense resulting in the Reckless Driving conviction.
Additionally, a conviction for violating this law will result in 3 DMV demerit points on the driver’s record and the conviction will stay on the person’s Virginia driving record for 3 years.
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