Using Handheld Personal Communications Device while Driving in Virginia
May 6, 2021 by Jean Humbrecht
Using Handheld Personal Communications Device while Driving in Virginia is Punished with a Fine
Virginia law now prohibits drivers from having cell phones in their hands while driving (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 with the phone. Simply having a phone in one’s hand while driving is enough for a conviction.
The law does not apply to drivers who are parked or stopped, drivers reporting an emergency, people using an amateur or citizens band radio, emergency vehicle operators and some Department of Transportation vehicle operators.
Using Handheld Personal Communications Device while Driving in Virginia
Using a handheld personal communications device while driving in Virginia (Va. Code §46.2-818.2) is a traffic infraction. 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. A violation of this law in a highway work zone is punished with a mandatory $250 fine. A conviction will also result in 3 DMV demerit points and the conviction remain on a person’s Virginia driving record for 3 years.
A conviction for violating this law is punished with a mandatory minimum fine of $250 if the person is also convicted of Reckless Driving arising out of the same incident.
***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***