Virginia Cell Phone Laws: How To Fight A Cell Phone Ticket
Did you know that Virginia prohibits holding a phone while driving? As of January 1, 2021, that’s now a traffic infraction with a minimum $125 fine AND three points on your driving record. Let’s talk about the law and how you can fight it.
Virginia Cell Phone Laws: 46.2-818.2 – Use of Handheld Personal Communications Devices in Motor Vehicles
Virginia used to have a texting statute. That law was difficult for the police to enforce, and it was frankly confusing for citizens to follow. Was using a GPS ok? Was entering letters to search for a podcast illegal?
In 2020, the General Assembly updated the law to simplify everything. As of January 1, 2021, it’s now illegal to drive a motor vehicle on the highway in Virginia while holding a “personal communications device.”
The law is very simple for all of us to understand, and it will be easy for law enforcement officers to enforce. If you drive with a device in your hand, you get a ticket. Also, driving with a handheld device in Virginia results in 3 DMV demerit points upon conviction.
Video: Don’t Hold Your Phone in Virginia
If you prefer videos, I’ve summarized everything here for you:
Defenses to Handheld Phones
Defenses to a handheld cell phone charge will come from the precise language of the statute:
- Were you actually “driving”? If you were stopped at a traffic light or stop sign, you were arguably NOT “driving” the car. It was stopped, so you should not be guilty.
- Were you “holding” the device? If the device was actually mounted in a handheld phone holder, you should be NOT guilty.
- Was it a “personal communication device”? If the phone or tablet was NOT connected to the internet or mobile data, we have a strong argument that it could not communicate with anyone. While you may have been holding it, the device may not meet the definition in the statute.
Other Remedies
Even if you are flat-out guilty of holding phone while driving, the judge has the authority to give you a break in court. That will usually be based on various factors, such as:
- Were you actually a danger to anyone?
- Do you have a clean driving record?
- Were you polite with the officer?
- Are you willing to attend a driver improvement class?
Contact Our Virginia Traffic Attorneys at Flusche Fitzgerald Today
In Virginia, holding a phone while driving is a traffic infraction that adds 3 DMV demerit points and carries a fine of $125 for the first offense or $250 for repeat offenses and highway work zones. The law bans handheld phone use while driving, except during emergencies, legal stops, or with hands-free devices.
Fight a cell phone ticket by presenting your case in court, submitting a written defense, or negotiating a reduced charge with the prosecutor.
If you are facing a handheld phone ticket in Virginia, contact Flusche & Fitzgerald for a free case strategy session. If your case is outside my area, I can usually connect you with a local attorney who can help.