Driving with Phone in Hand Law in Virginia
April 6, 2021 by Jean Humbrecht
Virginia prohibits having a cell phone or other handheld personal communication device in one’s hand at all while driving (Va. Code §46.2-818.2). The new 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 to convict him or her.
Driving with Phone in Hand Law in Virginia is a Traffic Infraction
The law does not apply to drivers who are lawfully parked or stopped, drivers reporting an emergency, drivers using amateur or citizens band radios, drivers operating emergency vehicles in the performance of their official duties and certain operators of Department of Transportation vehicles.
Driving with Phone in Hand Law in Virginia
Drivers with cell phones or other handheld personal communications devices in their hands in Virginia can be charged with a traffic infraction under Va. Code §46.2-818.2. A first offense is punished with a $125 fine. A second or subsequent offense is punished with a $250 fine.
There is a mandatory fine of $250 for violating this law in a highway work zone. 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 that resulted in the Reckless Driving conviction.
A conviction for driving with a cell phone or other personal communications device in one’s hand in Virginia will automatically result in 3 DMV demerit points on the person’s Virginia driving record and the conviction will remain on the person’s Virginia driving record for 3 years.
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