Virginia Phone in Hand While Driving Law
October 20, 2021 by Jean Humbrecht
Virginia law prohibits holding a handheld personal communication device in one’s hand at all 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 or device for a conviction.
Driving with Phone in Hand in Virginia is Against the Law
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 in the performance of their official duties and some operators of Department of Transportation vehicles.
Virginia Phone in Hand While Driving Law
Driving with a cell phone or handheld personal communications device in one’s hand in Virginia is a traffic infraction under Va. Code §46.2-818.2. A first offense is punished with a 125 fine. A second or subsequent offense is punished with a $250 fine.
Additionally, there is a mandatory fine of $250 for a violation of this law in a highway work zone. There also is an automatic mandatory minimum $250 fine 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.
A conviction for driving with a cell phone or personal communications device in one’s hand in Virginia will automatically result in 3 DMV demerit points on the person’s Virginia driving record and the conviction will remain on the person’s Virginia driving record for 3 years.
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