Use of Handheld Personal Communications Devices While Driving
December 6, 2021 by Jean Humbrecht
The Use of Handheld Personal Communications Devices While Driving is Against the Law
A new Virginia law now 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 on the phone or device.
The law does not apply to drivers who are lawfully parked or stopped, drivers reporting an emergency, or anyone using an amateur or citizens band radio. It also does not apply to emergency vehicle operators and certain operators of Department of Transportation vehicles.
Use of Handheld Personal Communications Devices While Driving
Driving in Virginia with a cell phone in one’s hand is a traffic infraction (Va. Code §46.2-818.2). A conviction for a first offense is punished with a $125 fine, and a conviction for a second or subsequent offense is punished with a fine of $250.
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 arising out of the same incident.
A conviction for having a handheld personal communications device in one’s hand while driving will also result in 3 DMV demerit points on the driver’s record and the conviction will stay on the person’s Virginia driving record for 3 years.
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