Hands Free Driving Law in Virginia
April 14, 2022 by Jean Humbrecht
Violation of the Hands Free Driving Law in Virginia is Punished with a Fine and DMV Points
The hands free driving law in Virginia prohibits having a cell phone or other handheld personal communication device in your hand at all 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 or phone for a conviction.
The prohibition does not apply to drivers who are parked or stopped, drivers reporting an emergency, drivers using amateur or citizens band radios, drivers operating emergency vehicles and some operators of Department of Transportation vehicles.
Hands Free Driving Law in Virginia
The hands free driving law in Virginia prohibits drivers from having a cell phone in their hands for any reason while driving (Va. Code §46.2-818.2). It is a traffic infraction and is punished with a fine and DMV points. 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. A conviction for violating this law in a highway work zone is punished with a mandatory fine of $250.
There is a mandatory minimum $250 fine 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 will 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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