New Texting While Driving Law in Virginia Takes Effect in 2021
December 16, 2020 by Jean Humbrecht
The New Texting While Driving Law in Virginia Prohibits Having A Cell Phone in Your Hand AT ALL While Driving
There is a new Texting While Driving Law in Virginia taking effect in January of 2021. The new law (Va. Code §46.2-818.2) is very broad and prohibits holding a handheld personal communication device at all while driving in Virginia. The Commonwealth does not need to prove that you were texting, looking at email, using GPS, talking on the phone, or anything. Having your cell phone in your hand while driving could result in a ticket with a mandatory fine if convicted.
The new texting while driving law in Virginia does not apply to someone lawfully parked or stopped, a person using a handheld personal communications device to report 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 certain operators of Department of Transportation vehicles.
Penalty for New Texting While Driving Law in Virginia
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 offense is punished with a $250 fine. Anyone who violates this law in a highway work zone will be punished with an automatic fine of $250.
There also will be a mandatory minimum fine of $250 if a person is convicted of Reckless Driving and was simultaneously found to be in violation of the Using a Handheld Communication Device while Driving statute.
A conviction will also 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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