Texting While Driving in Fairfax
February 15, 2021 by Jean Humbrecht
The Texting While Driving in Fairfax Law is Very Broad and Covers More Than Just Texting
Texting While Driving in Fairfax (Va. Code §46.2-818.2) is a traffic infraction. The statute is very broad and prohibits holding a handheld personal communication device at all while driving-even if you are not texting. The Commonwealth does not need to prove that you were doing anything on the phone. Just having a cell phone in your hand while driving is enough for a conviction.
The law does not apply to a person who is legally stopped or parked or 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 Texting While Driving in Fairfax
Using a handheld personal communication device while driving in Fairfax (Va. Code §46.2-818.2) is a traffic infraction and is punished with a $125 fine. A second or subsequent offense is punished with a $250 fine. Violating this statute in a highway work zone is punished with a mandatory fine of $250.
There is also a mandatory fine of $250 if a person is convicted of Reckless Driving and was simultaneously found to be in violation of this statute.
A conviction for violating the handheld personal communication device law will also result in 3 DMV demerit points and the conviction will remain on the person’s driving record for 3 years.
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