What is the Virginia Texting While Driving Law?
December 1, 2021 by Jean Humbrecht
There is a new Texting While Driving Law in Virginia that prohibits much more than just texting.
The new texting while driving law in Virginia under Va. Code §46.2-818.2 is very broad and 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 your cell phone in your hand while driving could result in a ticket and a mandatory fine.
The Virginia Texting While Driving Law is Very Broad
The new texting while driving law in Virginia 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 conviction for a first offense is punished with a $125 fine. A conviction for a second or subsequent offense is punished with a $250 fine. A violation of this law in a highway work zone will be punished with an automatic fine of $250.
There also will be a mandatory minimum fine of $250 if a person is convicted of Reckless Driving and was simultaneously found to be in violation of this statute.
Additionally, a conviction will automatically result in 3 DMV demerit points and the conviction will remain on the person’s Virginia driving record for 3 years.
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