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Eluding Police in Virginia

Written by john on . Posted in Eluding.

What is Eluding in Virginia?

Eluding is when a driver knowingly ignores a visible or audible signal from law enforcement to stop and instead tries to flee or evade the officer.

A police signal can include:

  • Emergency lights
  • A siren
  • A visible hand singal

Is Eluding a Misdemeanor or a Felony in Virginia?

Eluding can be either a misdemeanor or a felony in Virginia. If you simply ignore a police officer’s signal to stop and attempt to get away, the charge is usually a Class 2 misdemeanor.

However, the offense can be elevated to a Class 6 felony if you flee while endangering another person or damaging or interfering with operation of a police vehicle.

What Are the Penalties for Eluding in Virginia?

If charged as a misdemeanor, penalties include:

  • Up to six months in jail
  • Fines up to $1,000
  • Driver’s license suspension

If charged as a felony, penalties include:

  • Up to five years in prison
  • Fines up to $2,500
  • Driver’s license revocation
  • A felony record that can impact security clearances, employment and more

Do You Have to Be Speeding to Be Charged with Eluding?

No, you do not have to be speeding to be charged with eluding. Eluding focuses on the intentional refusal to stop, not how fast you were driving.

Can Eluding Charges Be Reduced or Dismissed?

Yes, depending on the facts of your case, eluding charges may be reduced to a lesser offense like reckless driving or dismissed entirely if there’s insufficient evidence or a procedural error.

Some common defenses include:

  • Reasonable belief the pursuer was not law enforcement
  • Lack of clear police signal: No visible or audible signal was given
  • No willful or wanton disregard: The driver did not have clear intention to flee.
  • No endangerment (for felony charges): Your actions did not create a substantial risk to others

What Should You Do If You’re Charged with Eluding in Virginia?

If you are charged with eluding in Virginia, do not admit guilt to police or law enforcement. Be sure to document all details of the incident and contact a skilled Virginia traffic defense attorney as soon as possible to protect your rights and explore possible defenses.

Why Choose Driving Defense Law for Your Case?

Driving Defense Law is a specialized traffic firm, focusing exclusively on serious traffic violations such as eluding, reckless driving, and DUIs. By limiting our practice to traffic cases, we provide targeted, aggressive defense tailored to protect your driving record and your future.

Quick Consult

Your Name(Required)
In which city or county did you receive your ticket?(Required)
Please note that we are only accepting cases in the above jurisdictions at this time.
EX: Reckless driving, DUI/DWI, eluding, hit and run, simple speeding, etc.

By providing your phone number, you agree to receive SMS updates, reminders, and important notifications from McCormick Law, PC d/b/a Driving Defense Law. Standard messaging rates may apply. You can opt out at any time by replying “STOP” to any message. View our Privacy Policy.

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Texting While Driving Lawyer Virginia Beach VA

Is It Illegal to Hold Your Phone While Driving in Virginia?

Written by john on . Posted in Miscellaneous Traffic Offenses.

Virginia law prohibits drivers from holding a handheld personal communications device while operating a moving motor vehicle. The law is designed to reduce distracted driving and applies even when a driver is stopped in traffic or at a red light. Here’s what the law covers, the penalties involved, and what your options may be if you were cited.

Is It Illegal to Hold Your Phone While Driving in Virginia?

Yes. Under VA Code § 46.2-818.2 holding a handheld personal communications device while operating a moving motor vehicle is illegal. This is considered a primary offense, meaning law enforcement can stop a driver solely for holding a phone or handheld device, even if no other traffic violation occurred.

The law generally applies to activities such as:

  • Holding a phone while talking
  • Texting or emailing
  • Browsing the internet or social media
  • Watching videos
  • Manually entering information into an app or GPS

When Can You Use Your Phone in the Car?

Virginia law provides limited exceptions for handheld device use while driving. Drivers may legally use a handheld device when:

  • The vehicle is lawfully parked or stopped
  • Reporting an emergency
  • Using the device for official duties as a law enforcement officer or emergency responder

What Are the Penalties for Holding Your Phone While Driving in Virginia?

A conviction for illegally holding a phone while driving can result in both financial penalties and DMV consequences.

Penalties may include:

  • First offense: $125 fine
  • Second or subsequent offense: $250 fine
  • Three (3) DMV demerit points upon conviction

Will a Cell Phone Ticket Affect My Insurance in Virginia?

A conviction for illegally holding a phone while driving may affect your auto insurance rates. Insurance companies may review your driving record when determining premiums, and traffic convictions that add demerit points can sometimes result in increased insurance costs. The impact on your insurance will depend on factors such as your driving history and your insurance provider’s policies.

Can You Fight a Cell Phone Ticket in Virginia?

Yes, a charge for illegally holding a phone while driving may be challenged in court. Outcomes vary depending on the facts of the case and the evidence involved. Common defenses may include:

  • Challenging whether the driver was actually holding the device while operating the vehicle
  • Arguing that a legal exception applied
  • Questioning the officer’s observations or the circumstances of the stop

Every case is different, and the best way to understand your options is to review the specific facts of your case before deciding how to proceed.

What Should I Do If I Was Charged With Holding a Phone While Driving in Virginia?

If you were charged with illegally holding a phone while driving in Virginia, the attorneys at Driving Defense Law represent drivers throughout Hampton Roads, including Virginia Beach, Norfolk, Chesapeake, Newport News, Hampton, Portsmouth, and Suffolk, in all traffic-related matters. The firm can review your case, explain your options, and help you better understand the next steps in the process. Book a consult today by calling us at 757-929-0335 or using the form below.


Quick Consult

Your Name(Required)
In which city or county did you receive your ticket?(Required)
Please note that we are only accepting cases in the above jurisdictions at this time.
EX: Reckless driving, DUI/DWI, eluding, hit and run, simple speeding, etc.

By providing your phone number, you agree to receive SMS updates, reminders, and important notifications from McCormick Law, PC d/b/a Driving Defense Law. Standard messaging rates may apply. You can opt out at any time by replying “STOP” to any message. View our Privacy Policy.

Opt In(Required)

Disclaimer: No attorney-client relationship exists or should be assumed as a result of this communication. By submitting this form, you are opting into our mailing list (your information will not be shared with anyone else).

Disclaimer(Required)



Speeding Ticket Lawyer Virginia

The Points System in Virginia

Written by john on . Posted in Traffic Resources.

The Virginia Department of Motor Vehicles utilizes a point system to rate drivers.

A driver will receive demerit points for unsafe driving and safe driving points for good driving. Demerit points stay on the driver’s record for two years from the date the driver commits the offense. The length of time that a conviction stays on the driver’s record depends on the severity of the violation.

One safe driving point is added each full calendar year that a driver holds a valid Virginia driver’s license and drives without any violations or suspensions. A driver can accumulate up to five safe driving points. Safe driving points are awarded in early April of each year.

Demerit points are assigned when a driver is convicted of a traffic violation. Demerit points range from three to six points. The following list groups traffic violations that warrant demerit points. The years in the parentheses indicate the number of years the conviction stays on the driver’s DMV record.

Three Point Violations
Four Point Violations
Six Point Violations

Three Point Violations:

Speeding:

  • Speeding 1-9 mph above the posted speed limit (5 years)
  • Impeding traffic, slow speed (5 years)

Passing/Driving:

  • Improper passing (3 years)
  • Improper passing on the right (3 years)
  • Improper driving (3 years)
  • Improper stopping on highway (3 years)
  • Changing course after signaling (3 years)
  • Coasting with gears in neutral (3 years)
  • Failure to give way in favor of overtaking vehicle (3 years)
  • Failure to give way when abreast of another car (3 years)
  • Driving through safety zone (3 years)
  • Driving over fire hose (3 years)
  • Unauthorized use of crossover on controlled highway (3 years)
  • Driving/riding on sidewalk (3 years)

Turning/Backing:

  • Improper turn (3 years)
  • Improper U-turn (3 years)
  • Violation of right turn on red (3 years)
  • Violation of left turn on red (3 years)

Signs/Signals:

  • Failure to obey highway sign (3 years)
  • Evading traffic control device (3 years)

Lights:

  • Driving without lights/excessive lights (3 years)
  • Failure to dim headlights (3 years)
  • Parking without proper lights displayed (3 years)
  • Inadequate hazard lights (3 years)

Licenses/Permits:

  • No Virginia driver’s license (3 years)
  • No Virginia license plate (3 years)
  • Failure to obtain a driver’s license (3 years)
  • No driver’s license – vehicle/motorcycle (3 years)
  • Failure to have license revalidated (3 years)
  • Learner’s permit violation (3 years)
  • Permitting unlicensed person to drive (3 years)
  • Driving in violation of restricted license (restrictions related to physical limitation, such as mechanical control device) (3 years)

Commercial Motor Vehicles:

  • Driving commercial motor vehicle with alcohol in blood (*)
  • Driving commercial motor vehicle without license (3 years)
  • Driving commercial motor vehicle with more than 1 driver’s license (3 years)
  • Driving commercial motor vehicle without endorsement(s) (3 years)
  • Driving commercial motor vehicle without license in possession (3 years)
  • Commercial driver’s license/commercial learner’s permit violation (3 years)
  • Driving commercial motor vehicle in left lane of interstate (3 years)
  • Driving in excess of 13 hours in a 24-hour period (3 years)
  • Driving public passenger-carrying vehicle under age (3 years)
  • Driving bus transporting school children without a safety belt (3 years)
  • Driving school bus without license (3 years)
  • Driving school bus under age (3 years)
  • Vehicle height exceeds limit for tunnels (3 years)
  • Texting while driving in a commercial motor vehicle (5 years)

Other Violations:

  • Failure to stop at the scene of a crash, unattended property (3 years)
  • Failure to leave the scene of a crash at the direction of officer (3 years)
  • Failure to report a crash, unattended property, less than $250 damage (3 years)
  • Following/parking within 500 feet of fire apparatus (3 years)
  • Emergency vehicle violation (3 years)
  • Drinking while driving (3 years)
  • Improper driving/riding motorcycle (3 years)
  • Driving with TV screen visible to driver (3 years)
  • Driving while using earphones (3 years)
  • Passenger restriction violation (3 years)
  • Curfew violation (3 years)
  • HOV violation, second or subsequent offense – Northern Virginia planning district 8 (5 years)
  • Use of Handheld Communications Device (3 years)

Four Point Violations:

Reckless Driving/Speeding:

  • Reckless driving – failure to stop before entering a highway (11 years)
  • Speeding (5 years)
  • Speeding 10-14 mph above the posted speed limit (5 years)
  • Speeding 15-19 mph above the posted speed limit (5 years)
  • Speeding 10-19 mph above the posted speed limit (5 years)

Passing:

  • Passing when unsafe (3 years)
  • Passing to the left of approaching vehicle (3 years)

Stopping/Yielding:

  • Failure to drive to the right and stop for police/fire/emergency vehicle (3 years)
  • Failure to stop for pedestrian (3 years)
  • Failure to stop and yield right-of-way (3 years)
  • Failure to yield right-of-way (3 years)
  • Failure to yield when turning left (3 years)
  • Failure to yield to funeral procession (3 years)

Keeping to the Right:

  • Failure to drive on right half of highway or street (3 years)
  • Failure to keep to the right when crossing an intersection (3 years)
  • Driving to the left of rotary traffic island (3 years)

Following/Signaling:

  • Following too closely (3 years)
  • Failure to signal before moving from curb (3 years)
  • Improper signal (3 years)

Railroad Crossings:

  • Failure to obey railroad crossing signal (3 years)
  • Failure to stop at railroad grade crossing (3 years)
  • Failure to keep to the right at a railroad crossing (3 years)
  • Failure to stop passenger-carrying vehicle at railroad grade crossing (3 years)
  • Railroad crossing/stopping (3 years)
  • Improper operation of crawler-type tractor over railroad crossing (3 years)

Railroad Crossings (Commercial Motor Vehicle Drivers):

  • Failure to slow down/stop at a railroad crossing (*)
  • Failure to have sufficient space to drive through a railroad crossing (*)
  • Failure to obey traffic control device or enforcement official at a railroad crossing (*)
  • Failure to have sufficient undercarriage clearance at a railroad crossing (*)

Other Violations:

  • Operating a motor vehicle while suspended/revoked/restricted with a blood alcohol content of .02% or more (11 years)
  • Failure to stop at the scene of a crash, unattended property, damage in excess of $500 (11 years)
  • Passing stopped school bus (non-reckless) (3 years)
  • Failure to stop at the scene of a crash, property damage (3 years)
  • Emergency vehicle violation – property damage (5 years)
  • Emergency vehicle violation – injury (5 years)
  • Aggressive driving (5 years)
  • Failure to obey traffic signal (3 years)
  • Failure to obey lane directional signal (3 years)
  • Failure to obey highway lane markings (3 years)
  • Improper backing, stopping or turning (3 years)
  • Driving the wrong way on one-way highway or street (3 years)
  • Impeding/disrupting funeral procession (3 years)
  • Disregarding police officer’s signal to stop (3 years)
  • Disregarding crossing guard/officer’s signal (3 years)
  • Vulnerable Road User (5 years)

Six Point Violations:

Reckless Driving (Felony or Misdemeanor):

  • Reckless driving – speeding in excess of 85 mph (11 years)
  • Reckless driving – speeding 20 mph or more above the posted speed limit (11 years)
  • Reckless driving – racing (11 years)
  • Reckless driving – passing or overtaking an emergency vehicle (11 years)
  • Reckless driving – passing a school bus (11 years)
  • Reckless driving – passing on the crest of a hill (11 years)
  • Reckless driving – passing at a railroad crossing (11 years)
  • Reckless driving – passing two vehicles abreast (11 years)
  • Reckless driving – driving two vehicles abreast (11 years)
  • Reckless driving – driving too fast for conditions (11 years)
  • Reckless driving – failing to give a proper signal (11 years)
  • Reckless driving – faulty brakes/improper control (11 years)
  • Reckless driving – on parking lots, etc. (11 years)
  • Reckless driving – with an obstructed view (11 years)
  • Reckless driving – generally (11 years)
  • Speeding 20 mph or more above the posted speed limit (5 years)

Driving Under the Influence:

  • Driving while intoxicated (11 years)
  • Driving under the influence of alcohol or drugs (11 years)
  • Driving under the influence of drugs (11 years)
  • Driving after illegally consuming alcohol (persons under age 21) (3 years)
  • Driving while intoxicated – maiming (11 years)
  • Involuntary manslaughter/alcohol (11 years)
  • Refusing blood/breath test (11 years)
  • Driving while your license is suspended or revoked for driving while intoxicated (11 years)
  • Driving while your license is revoked for driving while intoxicated – maiming (11 years)
  • Driving while your license is revoked for driving while intoxicated – involuntary manslaughter (11 years)

Manslaughter:

  • Manslaughter (11 years)
  • Involuntary manslaughter (11 years)
  • Involuntary manslaughter/aggravated (11 years)

Habitual Offenders:

  • Driving after being declared a habitual offender (11 years)
  • Authorizing person suspended for habitual offender and/or driving while intoxicated to drive (3 years)

Licenses/Permits:

  • Driving on suspended license (11 years)
  • Driving while your license is suspended or revoked (11 years)
  • Driving under suspension or revocation before giving proof of financial responsibility (11 years)

Commercial Motor Vehicles:

  • Driving commercial motor vehicle while disqualified (*)
  • Driving commercial motor vehicle with blood alcohol .04 or more (*)
  • Driving commercial motor vehicle with blood alcohol .08 or more (*)
  • Driving commercial motor vehicle under influence of drugs (*)
  • Driving commercial motor vehicle under influence of drugs/alcohol (*)
  • Refusing blood/breath test while operating commercial motor vehicle (*)
  • Violating out of service order (11 years)

Other Violations:

  • Speeding 20 mph or more above the posted speed limit (5 years)
  • Injuring person while racing – felony (11 years)
  • Failure to stop at the scene of a crash – injury (11 years)
  • Failure to stop at the scene of a crash – death (11 years)
  • Failure to stop at the scene of a crash – property damage of $1000 or more (11 years)
  • Emergency vehicle violation – death (11 years)
  • Vehicular assault or willful stopping, impeding or damaging vehicle (11 years)
  • Blocking access to service facility (11 years)
  • Attempting to elude police
    • felony offense (11 years)
    • misdemeanor offense (3 years)
  • Operating unsafe vehicle (3 years)