Using Handheld Personal Communications Devices While Driving
November 6, 2020 by Jean Humbrecht
Virginia law prohibits drivers from having a phone in their hands at all (Va. Code §46.2-818.2). The law is extremely broad and the Commonwealth does not need to prove that the driver was doing anything in particular on the phone.
Using Handheld Personal Communications Devices while Driving is Against the Law in Virginia
The prohibition does not apply to drivers who are lawfully parked or stopped, people reporting an emergency, people using an amateur or citizens band radio, emergency vehicle operators and certain Department of Transportation vehicle operators.
Using Handheld Personal Communications Devices while Driving
Using handheld personal communications devices while driving in Virginia 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. Violating this law in a highway work zone is punished with a mandatory fine of $250.
Additionally, there is a mandatory minimum $250 fine if a person is convicted of Reckless Driving and this offense.
A conviction for driving with a cell phone in one’s hand will also result in 3 DMV demerit points and the conviction will remain on the driver’s record for 3 years.
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