Virginia’s hands-free law makes it illegal to even hold your phone behind the wheel — and it’s a primary offense, meaning police can pull you over for that alone. A citation brings fines and demerit points, and if a crash was involved, the stakes climb quickly. If you’ve been ticketed for texting or holding a device while driving in Virginia, Decker Law can help you decide whether to fight it. Call 757-622-3317 for a free consultation, available 24/7.
WHAT VIRGINIA’S HANDS-FREE LAW REQUIRES
Virginia law makes it unlawful to hold a handheld personal communications device while driving on the Commonwealth’s highways — a rule that goes well beyond texting to cover simply holding your phone. It’s a primary offense, so an officer can stop you for that alone, without any other violation, and the restrictions are stricter in marked school and highway work zones. For drivers under 18, the limits on phone use are tighter still.
The penalties start at a $125 fine plus court costs for a first offense and rise to $250 for a second. Those numbers climb sharply if the phone use contributed to a crash that caused injury or death. On the enforcement side, there are real limits worth knowing: police generally cannot demand to search your phone or read your messages, so many cases come down to an officer’s observation — testimony that a skilled lawyer can probe and challenge in court.
TEXTING & DRIVING IN VIRGINIA: WHAT TO KNOW
Is it illegal to hold my phone while driving?
Yes. Virginia’s hands-free law makes it unlawful to hold a handheld device while driving, not just to text (Va. Code § 46.2-818.2). It’s a primary offense.
What are the penalties?
A $125 fine plus court costs for a first offense and $250 for a second, with steeper consequences in work and school zones or if the phone use contributed to a crash causing injury or death.
Can the police look at my phone?
Generally no — officers cannot demand to search your phone or read your messages without proper legal process. Many cases therefore rest on the officer’s observation, which can be challenged.
Do I have to go to court?
These citations are handled through the court rather than paid online, so you’ll need to decide whether to pay or contest — a decision worth discussing with a lawyer first.
How can I avoid a citation?
Set your phone up before you drive and keep it out of your hands: mount it, use hands-free or voice controls, and pull over safely if you truly need to handle it. It’s the simplest way to stay on the right side of the law.
WHY DRIVERS CHOOSE DECKER
We look closely at the evidence
Because police generally can’t search your phone, many of these cases come down to a single officer’s observation. We examine whether that’s enough to prove the charge.
We protect your record
A conviction means points and higher insurance. We work to keep the citation off your record.
We handle the court appearance
These tickets require court, not an online payment. We manage the process and argue for the best outcome.
MEET OUR LAWYERS
Peter Decker, III
Peter Decker, III focuses his practice on criminal, traffic, and personal injury. He regularly practices in the General District, Juvenile and Domestic Relations, and Circuit Courts of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Suffolk and Newport News.
MEET OUR LAWYERS
Michelle Parker
Michelle Parker concentrates on personal injury, elder law, wills, trusts and estates, litigation, corporate law, and criminal defense. She handles civil, probate, and traffic cases throughout the seven cities of Greater Hampton Roads.
MEET OUR LAWYERS
Martin Thomas, Jr.
Martin Thomas, Jr. focuses on personal injury, criminal, and traffic law, along with contract law and civil litigation. He tries cases in the courts of Virginia Beach, Norfolk, Portsmouth, and Chesapeake, and formerly served on the Norfolk City Council.
MEET OUR LAWYERS
George Neskis
George Neskis represents clients charged with criminal and traffic offenses — from DUI and reckless driving to felony matters — and also handles personal injury. A former Norfolk Assistant Commonwealth’s Attorney, he practices across all seven Hampton Roads cities and has been named to Super Lawyers for criminal defense.
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Joseph Rigney
A Portsmouth native and former prosecutor, Joseph Rigney focuses on personal injury and criminal defense, including traffic law. He tries both civil and criminal cases in the courts of Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, and Newport News.
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Cole Roberts
A Norfolk native and former Public Defender, Cole Roberts represents clients in criminal defense and traffic matters, from reckless driving and DUI to serious felonies. He has tried numerous jury cases across the seven Hampton Roads cities.
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Martin Thomas
Martin Thomas is the firm’s president and managing attorney, concentrating on personal injury, criminal, and traffic law. He handles multimillion-dollar injury cases throughout Virginia and has been named to Super Lawyers for personal injury.
Before you pay a texting citation and take the points, it’s worth a quick conversation about whether it’s beatable. Reach us by text, chat, or email, or call 757-622-3317.
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