Driving While Using a Cellphone

Under Virginia law, using a cell phone while operating a vehicle is illegal. If you are caught doing so, you could be charged with a crime. Welch & Wright can help you if you have been charged with driving while using a phone, providing you with strategies to minimize the consequences in many situations. 

Overview of the Law

Virginia law (Va. Code Section 46.2-818.2) makes holding a cell phone while driving illegal. This law was amended in 2020 to prohibit even holding the device, not just using it, making it possible for police officers to charge you with a crime even if you are not talking or texting with someone. The law includes five exceptions, such as for emergency vehicle operators, those reporting emergencies, or drivers who are properly parked or stopped. However, judges’ interpretation of being “properly parked or stopped” can vary.

Penalties for Violations

Using a cell phone while driving is a traffic infraction, punishable by a $125 fine and three demerit points on your driving record for a first offense. A second offense or violation in a highway work zone results in a $250 fine. The charge remains on your record for three years.

Defenses 

There are several potential defenses to this charge, which depend on the specific facts of the case. You may be able to show that you did not have the phone in your hand or that you were engaged in a recognized emergency at the time of the incident.

At Welch & Wright, our attorneys have extensive experience handling these cases and have successfully defended clients in court.

If You Are Facing Legal Charges, Contact An Attorney Right Away

If you are charged with using a cell phone while driving, contact Welch & Wright for legal help. With the guidance of a Virginia criminal defense attorney in your Hampton Roads case, you know your rights are protected. Contact us today for immediate guidance.