New Virginia Texting While Driving Law Va. Code 46.2-818.2
May 1, 2021 by Jean Humbrecht
There is a new Virginia Texting While Driving Law. The new 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 texting, looking at email, using GPS, talking on the phone, or doing anything.
The New Virginia Texting While Driving Law is Very Broad
The prohibition against having a cell phone in your hand while driving in Virginia does not apply to a person who is lawfully stopped or parked, 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.
Penalty for New Virginia Texting While Driving Law
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 first offense is punished with a fine of $125. A second or subsequent offense is punished with a fine of $250. A violation of this law in a highway work zone is punished with a mandatory fine of $250.
There also will be a mandatory minimum $250 fine if a person is convicted of Reckless Driving and was simultaneously found to be in violation of this statute.
Additionally, a conviction for violating the handheld personal communication device while driving law will 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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