Use of Handheld Personal Communications Device While Driving in Virginia
July 6, 2022 by Jean Humbrecht
Virginia now prohibits drivers from having a cell phone in their hands 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 with the phone.
The Use of Handheld Personal Communications Device while Driving in Virginia is Against the Law
The prohibition does not apply to drivers who are lawfully parked or stopped, people reporting an emergency, people using an amateur or citizens band radio, emergency vehicle operators and certain Department of Transportation vehicle operators.
Use of Handheld Personal Communications Device While Driving in Virginia
Using a handheld personal communications device while driving in Virginia (Va. Code §46.2-818.2) is a traffic infraction. A first offense is punished with a fine of $125. A second or subsequent offense is punished with a fine of $250. A driver found in violation of this law in a highway work zone is punished with a mandatory fine of $250. A conviction will also result in 3 DMV demerit points and remain on the person’s Virginia driving record for 3 years.
There is a mandatory minimum $250 fine if a person is convicted of Reckless Driving and Using a Handheld Personal Communications Device while Driving under Va. Code §46.2-818.2.
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