Using Handheld Personal Communications Devices While Driving in Virginia
November 6, 2021 by Jean Humbrecht
Virginia recently enacted a new law prohibiting drivers from holding a cell phone or any other handheld communications device while driving (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. Simply having the device in one’s hand is enough for a conviction.
Using Handheld Personal Communications Devices While Driving in Virginia is Against the Law
The prohibition 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 certain operators of Department of Transportation vehicles.
Using Handheld Personal Communications Devices 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 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. Additionally, violating this law in a highway work zone is punished with a mandatory $250 fine.
Additionally, there is a mandatory minimum fine of $250 if a person is convicted of Reckless Driving and Having a Handheld Personal Communications Device in his or her hand while driving and these offenses arose out of the same incident.
A conviction for driving with a cell phone in one’s hand in Virginia will also result in 3 DMV demerit points and the conviction will remain on the person’s Virginia driving record for 3 years.
***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***