Cell Phone in Hand While Driving Prohibited in Virginia
January 20, 2021 by Jean Humbrecht
Virginia now prohibits having a cell phone or handheld personal communication device in one’s hand while driving under 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 in order to convict the driver of violating this law.
Cell Phone in Hand While Driving Prohibited in Virginia
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.
Cell Phone in Hand While Driving Prohibited in Virginia
Drivers who have a cell phone in their hands in Virginia can be charged with a traffic infraction (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 $250 fine.
Driving with a cell phone in one’s hand in a highway work zone in Virginia is punished with a mandatory $250 fine. 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 law.
A conviction for driving with a cell phone in one’s hand in Virginia will also automatically result in 3 DMV demerit points. Additionally, the conviction will remain on the person’s Virginia driving record for 3 years.
***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***