Use of Handheld Personal Communications Device in Virginia While Driving
July 6, 2021 by Jean Humbrecht
A new law in Virginia prohibits holding a handheld personal communication device at all while driving (Va. Code §46.2-818.2). The law is very broad and the Commonwealth does not need to prove that the driver was doing anything in particular to be convicted.
Use of Handheld Personal Communications Device in Virginia while Driving is Against the Law
The law does not apply to drivers who are lawfully parked or stopped, drivers reporting an emergency, drivers using an amateur or citizens band radio, emergency vehicle operators engaged in the performance of their official duties, and certain operators of Department of Transportation vehicles.
Use of Handheld Personal Communications Device in Virginia while Driving
Drivers who have their cell phones or other handheld personal communications devices in their hands 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 $125 fine. A conviction for a second or subsequent offense is punished with a fine of $250. Additionally, a conviction for violating this law in a highway work zone is punished with a mandatory fine of $250.
There also is a mandatory minimum $250 fine if a person is convicted of Reckless Driving and and was found to be in violation of this law.
A conviction for holding a handheld personal communications device while driving in Virginia will result in 3 DMV demerit points and the conviction will stay on the person’s Virginia driving record for 3 years.
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