Virginia Hands Free Driving Law
November 14, 2021 by Jean Humbrecht
The Virginia hands free driving law prohibits having a phone or handheld personal communication device in your hand at all 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.
Virginia’s Hands Free Driving Law is Punished with a Fine and DMV Points
The 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 Hands Free Driving Law
The Virginia hands free driving law prohibits drivers from having a cell phone in their hands for any reason while driving and 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 $250 fine. A conviction for violating this law in a highway work zone is punished with a mandatory $250 fine.
A driver will have to pay a mandatory minimum fine of $250 if he or she is convicted of Reckless Driving and also had a cell phone or other handheld personal communications device in his or her hand.
A conviction will also automatically result in 3 DMV demerit points on the person’s Virginia driving record and the conviction will remain on his or her driving record for 3 years.
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