Virginia Cell Phone in Hand While Driving Law
January 20, 2023 by Jean Humbrecht
Virginia law now prohibits having a cell phone or other handheld personal communication device in one’s hand 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 on the phone or device for a conviction. Simply having the phone in one’s hand while driving is enough.
The Virginia Cell Phone in Hand While Driving Law is a Traffic Infraction
The prohibition does not apply to drivers who are parked or stopped, drivers reporting emergencies, anyone using an amateur or citizens band radio, drivers operating emergency vehicles and certain operators of Department of Transportation vehicles.
Virginia Cell Phone in Hand While Driving Law
Driving with a cell phone or other handheld personal communications devices in one’s hand in Virginia is a traffic infraction (Va. Code §46.2-818.2). A conviction for a first offense is punished with a fine of $125. 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. Violating this law while committing an offense resulting in a Reckless Driving conviction will be punished with a mandatory minimum fine of $250.
Additionally, a conviction for driving with a cell phone in one’s hand in Virginia will result in 3 DMV demerit points on the driver’s record and the conviction will stay on the person’s Virginia driving record for 3 years.
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