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.
Contact us today at 540-318-5824 to discuss your case and learn how we can help you.
Key Takeaways
- Holding a phone while driving in Virginia (VA Code 46.2-818.2) is a traffic infraction, not a criminal charge, but it still carries real consequences.
- A first offense brings a minimum $125 fine and 3 DMV demerit points, which stay on your record for three years.
- A second offense raises the fine to $250, and violations in a highway work zone carry a mandatory $250 fine.
- The law targets holding the device, not using it. Phones secured in a mount, not actively held, fall outside the statute.
- Exceptions exist for 911 emergency calls, legally parked or stopped vehicles, hands-free or mounted device use, and authorized emergency personnel.
- Common defenses include disputing whether you were actually “driving,” whether the phone was “held,” or whether it qualifies as a “personal communications device.”
- Points from a conviction can raise insurance premiums, create issues for CDL holders and company drivers, and count toward license suspension thresholds.
- An attorney may be able to argue the statute doesn’t apply, negotiate dismissal or a non-point outcome, or limit the impact to your driving record.
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 is illegal to drive a motor vehicle on the highway in Virginia while holding a “personal communications device.”
In Virginia, driving with a handheld device results in a ticket and three DMV demerit points. The law makes enforcement easier and more consistent, prohibiting drivers from physically holding a device while driving. The increase in citations has many asking, Can you fight a cell phone ticket in Virginia?
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.
Virginia DMV Demerit Points and Penalties for Holding a Phone
Getting a ticket for holding a phone in Virginia does more than cost you money. It also adds demerit points to your driving record, which can have lasting consequences. Virginia Code 46.2-818.2(c) allows the court to impose these penalties:
- Demerit points assessed by the DMV. A first offense for holding a phone while driving in Virginia results in three demerit points, which stay on your record for three years and count toward license action thresholds.
- Mandatory fines and court costs. The minimum fine is $125 for a first offense, with higher penalties for repeat violations.
- Escalating penalties for subsequent offenses. A second offense carries a higher fine, and violations in specific locations, such as work zones, trigger additional mandatory penalties.
Although this is a traffic infraction, the added points make it more serious than many drivers think.
Impact on Insurance and Driving Privileges in Virginia
Demerit points affect more than just your driving record. A conviction may lead to:
- Higher insurance premiums. Insurers regularly review DMV records and may increase rates after point-assessed violations have occurred.
- Employment complications. Drivers who rely on a clean record for work, including CDL holders and company drivers, may face added scrutiny.
- Risk of license suspension. Accumulating too many points within a set period can trigger DMV-imposed penalties, including mandatory driver improvement programs or license suspension.
Due to the illegality of holding a phone while driving, Virginia points contribute to these thresholds. Even a single conviction can matter more than drivers initially realize.
Exceptions Under Virginia Law That May Apply
Not every ticket means you broke the law. Virginia law offers a few exceptions, including:
- Emergency communications—contacting law enforcement, fire, or emergency medical services when necessary;
- Legally parked or stopped vehicles—using a device while lawfully parked off the roadway;
- Hands-free or mounted devices—interaction with a phone or GPS secured in a fixed mount; and
- Authorized emergency personnel—use by first responders performing official duties.
- Amateur or citizens band radio use —operating an amateur (ham) or CB radio is exempt from the handheld device prohibition.
If an officer misapplies the Virginia phone law, these exceptions could help you build a strong defense against a ticket you should not have received.
Other Remedies
Even if you are flat-out guilty of holding a 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?
What to Do After Receiving a Cell Phone Ticket in Virginia
What you do after being stopped can significantly impact your chances in court. After receiving a citation, drivers should:
- Review the citation carefully. Confirm the statute, location, and alleged conduct are accurate.
- Track all court deadlines. Missing a court date can create additional problems.
- Preserve relevant evidence. Photos of phone mounts, call logs, or vehicle data may be helpful.
- Avoid unnecessary admissions. Statements made casually can later be used against you in court.
These steps help protect your position if you decide to challenge whether you can fight a cell phone ticket in your situation. Acting quickly can help you keep defenses that might be lost if you wait.
Why Legal Representation Matters for Virginia Phone Tickets
A Virginia traffic attorney does more than appear in court. Depending on the facts, a lawyer may be able to:
- Argue that the statute does not apply to the specific conduct alleged;
- Seek dismissal or amendment to a non-point violation;
- Reduce the impact on your DMV record; or
- Address repeat-offense exposure before penalties escalate.
Legal representation can change how a case is charged, negotiated, or resolved.
Contact Our Virginia Traffic Attorneys at Flusche & Fitzgerald Today
In Virginia, holding a phone while driving is a traffic infraction that adds three demerit points and carries a $125 fine for a first offense. A second offense raises the fine to $250. Violating the law in a highway work zone results in a mandatory $250 fine. The law bans handheld phone use while driving, except during emergencies, legal stops, or with hands-free devices.
At Flusche & Fitzgerald, we have years of experience handling Virginia traffic cases, including seemingly straightforward ones with long-term consequences. We are familiar with the local courts, prosecutors, and Virginia’s law enforcement, so we aim to protect your long-term record, not just handle a ticket.
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. Contact us today at 540-642-1756 to discuss your case and learn how we can help you.
FAQs
How Many Points Do You Get in Virginia for Holding Your Phone While Driving?
A conviction means three DMV points stay on your record for three years.
Will Holding Your Phone While Driving in Virginia Increase Your Insurance Rates Due to Points?
Most likely. Insurance companies often raise rates after point violations.
Does a Handheld Cell Phone Ticket Add Demerit Points to Your Virginia Driving Record?
Yes. Using a handheld phone adds DMV demerit points.
Can you get a handheld cell phone ticket for using a phone mount or dashboard holder in Virginia?
No, using a phone that’s securely mounted rather than held in your hand is one of the clearest defenses to this charge, since the law specifically targets holding a device, not using one hands-free. If your phone was in a mount at the time of the stop, that’s worth raising directly with the officer or in court.
Does a handheld cell phone ticket count as a moving violation that affects insurance in Virginia?
Yes. Even though it carries only three points, a handheld cell phone conviction is still a moving violation that insurers can see and factor into your rates, similar to other point-carrying traffic infractions. It’s a lighter violation than reckless driving or DUI, but it’s not invisible to your insurance company.
Can police pull you over just for having a phone in your hand, even if you weren’t actively using it?
Yes. Virginia’s law prohibits holding a handheld device at all while driving, not just texting or talking on it, so simply having the phone in your hand while the vehicle is moving can support a citation, even without proof you were actively using it.
Does calling 911 while driving count as an exception to Virginia’s handheld cell phone law?
Yes. Virginia’s law includes a specific exception for reporting an emergency to 911, so holding your phone to make that call while driving isn’t a violation, unlike other handheld use.
Resources:
- Virginia Code § 46.2-818.2, link
- Virginia Department of Motor Vehicles (DMV). Moving Violations and Point Assessments, link
- Virginia Department of Motor Vehicles (DMV). Three-Point Violations, link
- Drive Smart Virginia. Phone Down. It’s the Law, link
