Is Texting While Driving Illegal in Virginia? Traffic Laws & Penalties
Thousands of people die every year in vehicle crashes related to distracted driving, making texting while driving a critical highway safety concern. In 2016 alone, 3,450 deaths occurred as a result of distracted driving nationwide. Understanding Virginia’s specific laws regarding texting while driving can help protect you from serious penalties and keep our roads safer.
Virginia’s Texting While Driving Laws Explained
Each state has its own distracted driving regulations, and Virginia takes this issue seriously. Virginia has maintained a comprehensive law banning texting while driving since 2007, which the state considers a primary offense. According to the Code of Virginia, it is “unlawful for any person, while driving a moving motor vehicle on the highways in the Commonwealth, to hold a handheld personal communications device.”
This law applies to both teenage drivers and adult drivers equally. However, the restrictions differ by age group. The law prohibits drivers under 18 from using cell phones for both social media purposes and calling, while it specifically bans texting while driving for drivers of all ages.
Penalties and Enforcement for Texting While Driving Violations
Virginia considers texting while driving a primary offense, meaning police officers can pull you over solely for this violation without observing any other traffic infractions. Furthermore, this creates additional restrictions in designated hands-free zones, including school and work areas.
The financial penalties for violations include a $125 fine plus court costs for first-time offenders, while subsequent offenses carry a $250 fine. Nevertheless, if you’re involved in a crash that results in injury or death while texting, the consequences become significantly more severe than standard traffic fines.
Evidence and Proof Requirements
When law enforcement officers observe drivers texting while driving, they typically witness the violation in progress. Importantly, police cannot demand access to your phone or examine your messages, as this would violate privacy rights. Police officers receive extensive training to identify distracted driving behaviors, making their testimony admissible evidence in court.
Additionally, urban areas often feature security cameras that may capture distracted driving incidents. According to the National Highway Traffic Safety Administration, proper evidence collection helps ensure accurate enforcement of distracted driving laws.
Legal Defense Options and Court Proceedings
Virginia requires all texting while driving citations to be handled through court appearances, as online payment isn’t available for these violations. Consequently, you must decide whether to pay the fine or contest the charges with professional legal representation.
If you believe you’ve been wrongfully accused, seeking experienced legal counsel can help protect your rights. Virginia’s DMV safety guidelines provide additional information about distracted driving laws and their enforcement.
Decker Law has extensive experience defending clients against traffic violations, including distracted driving charges. Our attorneys understand Virginia’s traffic laws and can evaluate whether challenging your citation makes sense for your specific situation. Moreover, we offer free consultations to discuss your case and determine the best path forward.
If you’re facing charges related to texting while driving, contact Decker Law today to schedule your complimentary consultation and learn how we can help protect your driving record.
