Is Texting While Driving Illegal in Virginia?
June 1, 2021 by Jean Humbrecht
Texting While Driving in Virginia is a Traffic Infraction
Is texting while driving illegal in Virginia? The Texting While Driving Law in Virginia under Va. Code §46.2-818.2 is extremely broad and prohibits holding a handheld personal communication device at all while driving. The Commonwealth does not need to prove that you were doing anything specifically with your phone. Just having a cell phone in your hand while driving is enough for a conviction.
The prohibition does not apply to a person legally parked or stopped, a person reporting an emergency, using an amateur or citizens band radio, any operator of an emergency vehicle engaged in the performance of his or her official duties, and some operators of Department of Transportation vehicles.
Is Texting While Driving Illegal in Virginia?
Using a handheld communication device (including but not limited to texting) while driving in Virginia (Va. Code §46.2-818.2) is a traffic infraction. A conviction for a first violation is punished with a fine of $125. A second or subsequent conviction for violating this statute is punished with a fine of $250. Violating this law in a highway work zone is punished with a mandatory fine of $250.
There is a mandatory $250 fine if a person is convicted of Reckless Driving and was simultaneously found to be in violation of the this law.
Additionally, a conviction for violating this statute will automatically result in 3 DMV demerit points and the conviction will remain on the person’s Virginia driving record for 3 years.
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