Using a Handheld Personal Communications Device while Driving in Virginia
January 6, 2021 by Jean Humbrecht
A new law in Virginia now prohibits drivers from having a handheld personal communication device in their hands (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. Simply having a phone in one’s hand while driving is enough for a conviction.
Using a Handheld Personal Communications Device while Driving in Virginia is Against the Law
The prohibition does not apply to drivers who are parked or stopped, drivers reporting emergencies, people using an amateur or citizens band radio, emergency vehicle operators engaged in the performance of their official duties and certain Department of Transportation vehicle operators.
Using a Handheld Personal Communications Device while Driving in Virginia
Using a handheld personal communications device while driving in Virginia is a traffic infraction (Va. Code §46.2-818.2). A first offense is punished with a $125 fine. A second or subsequent offense is punished with a $250 fine.
Additionally, drivers violating this law in a highway work zone will be punished with a mandatory $250 fine.
There is a mandatory minimum fine of $250 if a person is convicted of Reckless Driving and had a cell phone in his or her hand at the time of the offense.
A conviction will also result in 3 DMV demerit points. The conviction will remain on the person’s Virginia driving record for 3 years.
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