Virginia Driving Hands Free Law
September 14, 2021 by Jean Humbrecht
The Virginia driving hands free law prohibits having a cell phone or other handheld personal communication device in your hand while driving (Va. Code §46.2-818.2). The Commonwealth does not need to prove that the driver was doing anything in particular on the phone or device to convict a driver of violating this statute.
Violation of the Virginia Driving Hands Free Law is Punished with a Fine and DMV Points
This law does not apply to drivers who are lawfully parked or stopped, drivers reporting emergencies, drivers using an amateur or citizens band radio, drivers operating emergency vehicles and certain operators of Department of Transportation vehicles.
Virginia Driving Hands Free Law
The Virginia driving hands free law prohibits drivers from having a cell phone in their hands for any reason while driving (Va. Code §46.2-818.2). It is a traffic infraction and is punished with a fine and DMV demerit points. 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 conviction for violating this law in a highway work zone is punished with a mandatory $250 fine.
There is a mandatory minimum fine of $250 if a person is convicted of Reckless Driving and also had a cell phone or other handheld personal communications device in his or her hand at the time the driver committed the offense resulting in the Reckless Driving charge.
A conviction will also automatically result in 3 DMV demerit points on the person’s Virginia driving record and the conviction will remain on that record for 3 years.
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