Texting While Driving in Virginia
March 1, 2021 by Jean Humbrecht
The Texting While Driving Law in Virginia (Va. Code §46.2-818.2) is extremely 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 anything. Just having your cell phone in your hand while driving is enough for a conviction.
Texting While Driving in Virginia is Punished with a Mandatory Fine and Demerit Points
The prohibition does not apply to someone legally stopped or parked, a person 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 some operators of Department of Transportation vehicles.
Penalty for Texting While Driving in Virginia
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 violation is punished with a $125 fine. A second or subsequent violation is punished with a $250 fine. Violating this law in a highway work zone is punished with a mandatory $250 fine.
There is a mandatory fine of $250 if a person is convicted of Reckless Driving and was simultaneously found to be in violation of the texting while driving law.
Additionally, a conviction under this statute 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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