Virginia Driving With Phone in Hand Law
April 6, 2023 by Jean Humbrecht
There is a new law in Virginia that prohibits having a cell phone or other handheld personal communication device in one’s hand while driving (Va. Code §46.2-818.2). The law is broad and the Commonwealth does not need to prove that the driver was doing anything in particular on the phone or device for a conviction under this statute.
The Virginia Driving with Phone in Hand Law is a Traffic Infraction
The prohibition does not apply to drivers who are 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 With Phone in Hand Law
Driving with a cell phone or handheld personal communications device 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.
There is a mandatory $250 fine for violating this law in a highway work zone. There also is an automatic mandatory minimum fine of $250 if a person is convicted of Reckless Driving and was also violating this law at the time he committed the offense that resulted in the Reckless Driving conviction.
Additionally, a conviction for driving with a cell phone or personal communications device in one’s hand will result in 3 DMV demerit points on the driver’s record and the conviction will remain on the person’s Virginia driving record for 3 years.
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