The Legal Consequences of Using Your Phone While Driving

Jun 6, 2022 | Pierre Prialé
The Legal Consequences of Using Your Phone While Driving

Whether you are a novice or experienced driver, know that distractions can cause serious damage to your vehicle, as well as injure or kill pedestrians, bicyclists, and even other drivers. Using your cell phone while behind the wheel has been proven to be one of the most dangerous distractions on the road today. This is a problem that is simply not going to solve itself. That's why the Commonwealth of Virginia has taken a stand against this problem by implementing new laws. 

Learn about the legal consequences of driving and using your phone at the same time in Virginia.


Virginia is a Hands-Free State


Virginia is one of many hands-free states when it comes to cell phone use while behind the wheel. According to Virginia code, it is now illegal for a driver to hold a cell phone or any communication device while behind the wheel. A mandatory law in Virginia prohibits people from driving while holding a portable device, such as a cell phone. Many local leaders in the state believe this will help eliminate fatal accidents. The law began to take effect on January 1, 2021. Whether you use the mobile device as a GPS to look up directions, listen to music, or make a simple phone call. Even though our society is programmed to multitask, when it comes to driving, if you live and drive in Virginia, this is now illegal.


What Changed in the Law?


Previously, Virginia lawmakers had implemented a law banning texting while driving. But, smartphones now do it all and texting is no longer the only cause of distraction.



Using your phone while driving is very dangerous and many states have laws about it. If the police find you using your phone, you can be fined a minimum of $125 for a first offense. This fine can go up to $250 for a second or even third offense.

And keep in mind that, as with other traffic violations, these charges carry DMV demerit points. It could even lead to the loss of your driver's license. It is important to note that you can still use your phone if it is in hands-free mode or if you are on speakerphone. You can also use your phone if you are parked or stopped at a stop sign or red light, but once the light turns green again, you must put your phone down. It should be noted that the law does not apply to emergency vehicle drivers or 911 callers.


With or without papers you have rights to an emergency, or to 911 callers.


Remember that with or without papers, you have rights. The best advice is to avoid doing anything illegal while driving, such as using your phone while driving. However, if you find yourself in trouble, call an attorney who specializes in defending traffic cases with a Virginia lawyer. The fines and penalties can be severe, but we have the experience to help defend you.


Virginia lawyer


Call now at 703-637-9999  and ask for your FREE initial consultation.

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Pierre Prialé

Over the course of his career, Prialé has handled approximately 2,000 criminal defense and traffic cases, including DUI, reckless driving, weapons charges, and personal injury cases. His dedication to helping clients in difficult and desperate situations has earned him a reputation for being a committed and knowledgeable attorney.

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