Using a Handheld Personal Communications Device While Driving
January 6, 2022 by Jean Humbrecht
Virginia law prohibits drivers from having a handheld personal communication device in their hands (Va. Code §46.2-818.2). The law encompasses (but is not limited to) cell phones. The law also is very broad and the Commonwealth does not need to prove that the driver was doing anything in particular on the phone or device in order to convict the driver.
Using a Handheld Personal Communications Device in Virginia While Driving is Against the Law
The prohibition does not apply to drivers lawfully parked or stopped, reporting an emergency, or people using an amateur or citizens band radio. It also does not apply to operators of emergency vehicle and certain operators of Department of Transportation vehicles.
Using a Handheld Personal Communications Device While Driving in Virginia
Using a handheld personal communications device in Virginia while driving is a traffic infraction (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 fine of $250. Additionally, anyone found in violation of this law in a highway work zone will be punished with a mandatory fine of $250.
There also is a mandatory minimum $250 fine if a person is convicted of Reckless Driving and the Use of a Handheld Personal Communications Device while Driving arising out of the same incident.
A conviction for violating this law will also automatically result in 3 DMV demerit points and the conviction will remain on the person’s Virginia driving record for 3 years.
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