Driving with Phone in Hand in Virginia
October 20, 2022 by Jean Humbrecht
Virginia law now prohibits having a cell phone or handheld personal communication device in one’s hand 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 device in order to convict the driver.
Driving with Phone in Hand in Virginia is Against the Law
The law does not apply to drivers who are lawfully parked or stopped, drivers reporting an emergency, drivers using amateur or citizens band radios, emergency vehicle operators in the performance of their official duties and sone operators of Department of Transportation vehicles.
Driving with Phone in Hand in Virginia is Against the Law
Driving with a cell phone in your hand in Virginia is 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 $250 fine.
A violation of 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 found to be in violation of this law.
A conviction for driving while holding a phone or other handheld personal communication device will automatically 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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