Use of Handheld Personal Communications Device while Driving
July 6, 2020 by Jean Humbrecht
There is a new law in Virginia that prohibits holding a handheld personal communication device (including but not limited to a cell phone) at all while driving. The law (Va. Code §46.2-818.2) is very broad. The Commonwealth does not need to prove that the driver was texting, looking at email, using GPS, talking on the phone, or anything. Simply having the phone in one’s hand while driving is enough.
Use of Handheld Personal Communications Device while Driving is Prohibited in Virginia
The law does not apply to someone lawfully parked or stopped or a driver reporting an emergency or using an amateur or citizens band radio. It also does not apply to an operator of an emergency vehicle engaged in the performance of his or her official duties and certain operators of Department of Transportation vehicles.
Use of Handheld Personal Communications Device while Driving in Virginia
Having a cell phone in one’s hand while driving in Virginia under Va. Code §46.2-818.2 is a traffic infraction. A first offense is punished with a $125 fine. A second or subsequent offense is punished with a fine of $250. Additionally, violating this law in a highway work zone is punished with a mandatory fine of $250.
There also is a mandatory minimum fine of $250 if a person is convicted of Reckless Driving and was simultaneously found to be in violation of this law.
Additionally, a conviction for violating this statute will result in 3 DMV demerit points on the driver’s record and the conviction will remain on the person’s Virginia driving record for 3 years.
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