Is Texting While Driving in Virginia Illegal!?
February 1, 2021 by Jean Humbrecht
Is texting while driving in Virginia illegal? The Texting While Driving in Virginia law (Va. Code §46.2-818.2) is very 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 cell phone. Just having a phone in your hand while driving is enough for a conviction under this statute.
Texting While Driving in Virginia is Punished with a Fine and DMV Points
The prohibition against having a phone in your hand while driving in Virginia does not apply to a person legally stopped or parked, a person reporting an emergency, using an amateur or citizens band radio, an 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 in Virginia Illegal?
Using a handheld communication device while driving in Virginia (Va. Code §46.2-818.2) is a traffic infraction. A first offense is punished with a $125 fine. A second or subsequent conviction for violating this statute is punished with a $250 fine. Violating this law in a highway work zone is punished with a mandatory $250 fine.
There is a mandatory fine of $250 if a person is convicted of Reckless Driving and was simultaneously found to be in violation of the this law.
Additionally, a conviction 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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