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Your Phone Behind The Wheel

Va. Code 46.2-818.2 — no holding a phone while moving, $125 the first time

In Virginia, it is unlawful to hold a handheld personal communications device while driving a moving motor vehicle on the highway. The rule does not apply to a driver who is lawfully parked or stopped, to anyone using the device to report an emergency, or to a driver of an emergency vehicle on duty.

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The violationThe fine
The violationA first offenseThe fine$125, and a court may order a driver improvement clinic in place of a conviction
The violationA second or later offenseThe fine$250
The violationAny offense in a highway work zoneThe fineA mandatory $250
Sources for this section (1)
  1. Va. Code 46.2-818.2 — Use of handheld personal communications devices in certain motor vehicles

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.

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