Virginia Hands Free Phone Policy
October 27, 2021 by Jean Humbrecht
Virginia 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 law is very broad and the Commonwealth does not need to prove that the driver was doing anything in particular on the phone in order to convict the driver.
The Virginia Hands Free Phone Policy Prohibits Holding a Cell Phone While Driving
The prohibition does not apply to drivers who are lawfully parked or stopped, drivers reporting emergencies, drivers using amateur or citizens band radios, drivers operating emergency vehicles and some operators of Department of Transportation vehicles.
Virginia Hands Free Phone Policy
Driving with a cell phone or other handheld personal communication device in your hand 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 fine of $250. A violation of this law in a highway work zone is punished with a mandatory fine of $250.
There is a mandatory minimum $250 fine if a person is convicted of Reckless Driving and also had a cell phone or handheld personal communications device in his or her hand.
A conviction for driving with a cell phone in one’s hand in Virginia will result in 3 DMV demerit points on the person’s Virginia driving record and will remain on the person’s Virginia driving record for 3 years.
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