Use of Handheld Personal Communications Devices While Driving in Virginia
December 6, 2020 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 in particular on the phone.
The Use of Handheld Personal Communications Devices while Driving in Virginia is Against the Law
The law does not apply to drivers who are lawfully parked or stopped, drivers reporting an emergency, people using amateur or citizens band radios, emergency vehicle operators and certain Department of Transportation vehicle operators.
Use of Handheld Personal Communications Devices while Driving in Virginia
The use of handheld personal communications devices while driving in Virginia is 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 $250 fine.
Drivers found in violation of this law in a highway work zone will be fined a mandatory minimum of $250.
Additionally, 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.
A conviction will also result in 3 DMV demerit points and will remain on the person’s Virginia driving record for 3 years.
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