Phone in Hand While Driving Prohibited in Virginia
August 20, 2022 by Jean Humbrecht
A new law in Virginia prohibits having a cell phone or other handheld personal communication device in one’s hand at all while driving (Va. Code §46.2-818.2). The law is broad and the Commonwealth does not need to prove that the driver was doing anything in particular on the phone or device in order to convict the driver.
Phone in Hand While Driving Prohibited in Virginia
The prohibition does not apply to drivers who are parked or stopped, drivers reporting emergencies, drivers using amateur or citizens band radios, emergency vehicle operators and certain operators of Department of Transportation vehicles.
Phone in Hand While Driving Prohibited in Virginia
Drivers who have a cell phone in their hands while driving in Virginia can be charged with a traffic infraction under Va. Code §46.2-818.2. A conviction for a first offense is punished with a fine of $125. A conviction for a second or subsequent offense is punished with a fine of $250.
Drivers who violate this law in a highway work zone will be punished with a mandatory fine of $250.
Additionally, there is a mandatory minimum fine of $250 if a person is convicted of Reckless Driving and was also found to be in violation of the law banning holding a cell phone or other handheld personal communications device while driving.
A conviction for this offense will also 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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