Texting While Driving Law in Virginia
September 1, 2021 by Jean Humbrecht
There is a new Texting While Driving Law in Virginia. The new law (Va. Code §46.2-818.2) is extremely broad and prohibits holding a handheld personal communication device (including but not limited to a cell phone) at all while driving in Virginia. The Commonwealth does not need to prove that you were texting, looking at email, using GPS, talking on the phone, or anything.
The Texting While Driving Law in Virginia Prohibits Having a Cell Phone in Your Hand AT ALL While Driving
The prohibition against having a cell phone in your hand while driving in Virginia does not apply to someone lawfully parked or stopped, 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 certain operators of Department of Transportation vehicles.
Penalty for Violating the Texting While Driving Law 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 offense is penalized with a $125 fine. A second or subsequent offense is punished with a $250 fine. Violating this law in a highway work zone is punished with a mandatory $250 fine.
There also will be a mandatory minimum fine of $250 if a person is convicted of Reckless Driving and was simultaneously found to be in violation of this statute.
Additionally, a conviction for violating this statute will automatically 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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