Use of Handheld Personal Communications Devices in Virginia While Driving
December 6, 2022 by Jean Humbrecht
Virginia law now prohibits holding a handheld personal communication device at all while driving. Va. Code §46.2-818.2 is very broad and the Commonwealth does not need to prove that the driver was texting, looking at email, using GPS, talking on the phone, or anything else.
Use of Handheld Personal Communications Devices in Virginia while Driving is Punished with a Fine
The prohibition does not apply to someone who is lawfully parked or stopped or a driver reporting an emergency or using an amateur or citizens band radio. It also does not apply to someone operating an emergency vehicle and certain operators of Department of Transportation vehicles.
Use of Handheld Personal Communications Devices in Virginia while Driving
Drivers who have their cell phones in their hands in Virginia can be charged with a traffic infraction under Va. Code §46.2-818.2. A first offense is punished with a $125 fine, and 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 $250 fine.
There also is a mandatory minimum $250 fine if a person is convicted of Reckless Driving and was also violating this law.
A conviction for violating this law will result in 3 DMV demerit points on the driver’s record. The conviction will stay on the person’s Virginia driving record for 3 years.
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