Using Handheld Personal Communications Device in Virginia While Driving
June 6, 2022 by Jean Humbrecht
Virginia law 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.
Using Handheld Personal Communications Device in Virginia While Driving is Against the Law
The law does not apply to drivers who are lawfully parked or stopped, drivers reporting an emergency, or people using an amateur or citizens band radio. It also does not apply to emergency vehicle operators engaged in the performance of their official duties and certain operators of Department of Transportation vehicles.
Using Handheld Personal Communications Device in Virginia While Driving
Using a handheld personal communications device in Virginia while driving 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 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.
A conviction for violating this law will also 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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