New Virginia Texting While Driving Law
January 1, 2021 by Jean Humbrecht
The New Virginia Texting while Driving Law Prohibits More Than Just Texting
The new Virginia Texting While Driving law (Va. Code §46.2-818.2) prohibits more than just texting. It prohibits holding a handheld personal communication device in your hand at all while driving. The Commonwealth does not need to prove that you were doing anything specifically on your phone. Simply having a cell phone in your hand while driving is enough to violate this statute.
The new Virginia Texting While Driving law does not apply to anyone lawfully parked or stopped, someone 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 certain operators of Department of Transportation vehicles.
Penalty for New Virginia Texting While Driving Law
Using a handheld communication device while driving in Virginia under Va. Code §46.2-818.2 is a traffic infraction. It is punished with a fine of $125. A second or subsequent violation is punished with a fine of $250. Additionally, violating this law in a highway work zone is punished with a mandatory fine of $250.
There also will be a mandatory $250 fine if a person is convicted of Reckless Driving and was simultaneously found to be in violation of this code section.
A conviction will also 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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