Using a Handheld Personal Communications Device in Virginia while Driving
September 6, 2020 by Jean Humbrecht
There is a new law in Virginia that prohibits drivers from having a handheld personal communication device in their hands at all while driving. 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 else. Simply having the phone in one’s hand while driving is enough for a conviction.
Using a Handheld Personal Communications Device in Virginia while Driving is a Traffic Infraction
The law does not apply to drivers who are lawfully parked or stopped, drivers reporting an emergency, drivers using an amateur or citizens band radio, emergency vehicle operators and certain operators of Department of Transportation vehicles.
Using a Handheld Personal Communications Device in Virginia While Driving
A violation of this law is a traffic infraction under Va. Code §46.2-818.2. A first offense is punished with a fine of $125. A second or subsequent offense is punished with a $250 fine. Additionally, a violation of this law that occurs in a highway work zone is punished with a mandatory $250 fine.
A conviction will also result in 3 DMV demerit points on the person’s Virginia driving record and the conviction will stay on the person’s driving record for 3 years.
There also is a mandatory minimum fine of $250 if a person is convicted of Reckless Driving and having a phone in his or her hand while driving.
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