Virginia Texting While Driving Laws: What You Need to Know
Distracted driving accidents claim thousands of lives annually, with texting behind the wheel being a leading cause. If you’ve received a citation for this offense in Virginia, understanding the state’s strict laws and your legal options is crucial.
Virginia’s Distracted Driving Laws: What Drivers Need to Know
Yes, texting while driving is illegal in Virginia. Since 2007, Virginia has maintained a comprehensive ban on texting while operating a motor vehicle, classified as a primary offense under the Code of Virginia.
What Does Virginia Law Prohibit?
Virginia law makes it “unlawful for any person, while driving a moving motor vehicle on the highways in the Commonwealth, to hold a handheld personal communications device.” This prohibition applies to:
- All drivers regardless of age for texting
- Drivers under 18 for all cell phone use, including calls and social media
- Enhanced restrictions in school zones and work zones (designated “hands-free” zones)
Primary Offense Designation
Virginia treats texting behind the wheel as a primary offense, meaning police officers can stop you solely for this violation—no other traffic infraction required.
Penalties for Cell Phone Violations in Virginia
Fines and Court Costs
- First offense: $125 fine plus court costs
- Subsequent offenses: $250 fine plus court costs
- Mandatory court appearance: Unlike some traffic violations, you cannot pay online and must appear in court
Enhanced Consequences
If texting behind the wheel results in an accident causing injury or death, penalties extend far beyond basic fines and may include:
- Criminal charges
- Significant financial liability
- License suspension considerations
How Do Police Prove You Were Texting While Driving?
Police rely primarily on visual observation to prove texting violations. Officers are trained to identify:
- Drivers looking down at devices
- Typing motions while driving
- Erratic driving patterns consistent with distraction
Additional evidence may include:
- Officer testimony in court
- Traffic camera footage in populated areas
- Witness statements from other drivers
What officers cannot do:
- Demand access to your phone without a warrant
- Review your text messages or social media
- Force you to unlock your device
Why Choose a Traffic Attorney for Cell Phone Violation Cases?
The Decker Law Firm Advantage
When facing distracted driving charges in Virginia, having skilled legal representation can make a significant difference. The Decker Law Firm provides dedicated defense for traffic violations with extensive experience in:
- Traffic defense in local courts
- Personal injury cases involving distracted driving accidents
- Criminal defense when texting violations escalate
- DUI and traffic accident representation
Local Court Knowledge
Our familiarity with Virginia court systems and procedures provides clients with strategic advantages. We understand local prosecutors, judges, and court procedures that can impact your case outcome.
Should You Contest Your Cell Phone Citation?
Several factors determine whether legal representation is worthwhile:
When to Consider an Attorney
- Wrongful accusation situations
- Potential license implications
- Employment concerns related to driving records
- Insurance rate impact considerations
Facing a cell phone citation? Call 757-622-3317 to discuss your options with our experienced traffic defense team.
Free Consultation Available
The Decker Law Firm offers complimentary consultations for residents facing cell phone violation charges. During this consultation, our attorneys will:
- Review your specific case circumstances
- Explain potential defense strategies
- Outline realistic outcomes
- Discuss cost-effective representation options
Protecting Your Driving Record
A distracted driving conviction becomes part of your permanent driving record, potentially affecting:
- Insurance premiums
- Employment opportunities requiring clean driving records
- Future traffic violation penalties
- Commercial driving license eligibility
Contact Our Experienced Traffic Defense Team
Don’t let a cell phone citation impact your future without exploring your defense options. The Decker Law Firm’s traffic defense attorneys are ready to provide the skilled representation you need.
Schedule your free consultation today by calling 757-622-3317 to discuss your case with our dedicated traffic defense team. Our comprehensive approach to traffic violations, personal injury, criminal defense, and DUI cases ensures you receive knowledgeable representation.
The Decker Law Firm serves Norfolk, Virginia Beach, Portsmouth, Chesapeake, Newport News, and all of Hampton Roads with experienced legal representation for traffic violations and personal injury cases.
