Hands-Free Cell Phone Use While Driving in Virginia
February 26, 2022 by Jean Humbrecht
Virginia law prohibits holding a cell phone or other handheld personal communication device while driving (Va. Code §46.2-818.2). The law is broad and 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.
Hands-Free Cell Phone Use While Driving in Virginia Required
The law does not apply to drivers who are parked or stopped, drivers reporting an emergency, drivers using an amateur or citizens band radio, drivers operating emergency vehicles and certain operators of Department of Transportation vehicles.
Hands-Free Cell Phone Use While Driving 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 (Va. Code §46.2-818.2). A conviction for a first offense is punished with a fine of $125. A conviction for a second or subsequent offense is punished with a $250 fine. A driver convicted of violating this law in a highway work zone is punished with a mandatory $250 fine.
There also is a mandatory minimum fine of $250 if a person is convicted of Reckless Driving and also had a cell phone or other handheld personal communications device in his or her hand.
Additionally, a conviction for violating this law will result in 3 DMV demerit points on the driver’s record and 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***