As of January 1, 2021, Virginia is one of many “hands free” states when it comes to cell phone use behind the wheel. Pursuant to Virginia Code Section 46.2-818.2 it is now unlawful for a driver to hold a handheld personal communications device. If a police officer observes you holding your phone while driving, you are in violation of this statute. Unlike the old law, there are no exceptions for using your GPS or dialing a number. You may use all of the features of your smart phone, so long as you use them in a hands-free mode.
There are a few exceptions, one exception being that you may hold your phone if you are lawfully parked or stopped. You can pick up your phone at a red light, but remember to put it down before you start moving. Another example is if the driver is using a handheld personal communications device to report an emergency
A violation of this section is, for a first offense, a $125.00 fine, and a second or subsequent offense a $250.00 fine. If you violate this section in a highway work zone, it is a mandatory $250.00 fine. As with other traffic violations, these charges carry demerit points from DMV.
WMMLegal has a number of attorneys that are experienced in criminal and traffic defense. If you have been charged with violating the new hands-free law, call the traffic defense attorneys at Winslow, McCurry & MacCormac at (804) 423-1382 or you can email us at info@wmmlegal.com. We would like to help.
