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.
