Using Handheld Personal Communications Device while Driving
March 6, 2022 by Jean Humbrecht
A new Virginia law prohibits drivers from having a cell phone in their hands (Va. Code §46.2-818.2). The new 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 the phone in the driver’s hand while driving is enough for a conviction.
Using Handheld Personal Communications Device while Driving Is Against the Law in Virginia
The prohibition against having a phone in one’s hand while driving does not apply to drivers who are parked or stopped, people reporting an emergency, or people using an amateur or citizens band radio. It also does not apply to emergency vehicle operators and certain Department of Transportation vehicle operators.
Using Handheld Personal Communications Device 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 $250 fine. Violating this law in a highway work zone is punished with a mandatory $250 fine.
There is also a mandatory minimum fine of $250 if a person is convicted of Reckless Driving and Using a Handheld Personal Communications Device while Driving.
A conviction for having a cell phone in one’s hand while driving 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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