What is the Texting While Driving Law in Virginia?
April 1, 2021 by Jean Humbrecht
There is a new Texting While Driving Law in Virginia and it prohibits much more than just texting.
Texting While Driving in Virginia
The new texting while driving law in Virginia under Va. Code §46.2-818.2 prohibits holding a handheld personal communication device at all while driving. The Commonwealth does not need to prove that a driver was doing anything on the phone. Simply having a cell phone in your hand while driving is enough for a conviction.
The Texting While Driving Law in Virginia Is Very Broad and Prohibits More Tham Just Texting
Virginia’s prohibition on having a cell phone in your hand while driving does not apply to someone lawfully parked or stopped, a person reporting an emergency, using an amateur or citizens band radio, an operator of an emergency vehicle engaged in the performance of his or her official duties, and certain operators of Department of Transportation vehicles.
Penalty for Texting While Driving in Virginia
Using a handheld communication device while driving in Virginia (Va. Code §46.2-818.2) is a traffic infraction. A first offense violation of this statute 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 an automatic $250 fine.
There also will be a mandatory $250 fine if a person is convicted of Reckless Driving and was simultaneously found to be in violation of this statute.
Additionally, a conviction will result in automatic DMV demerit points and the conviction will remain on the person’s Virginia driving record for 3 years.
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