Published on Mar 21, 2014
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Texting and Driving Law In Virginia
46.2-1078.1 is the Virginia Code that prohibits texting and driving. The statute below states what is prohibited and what the penalty is for texting and driving. If you or your family member such as your teenage child has been cited with this offense, contact our law firm for help. We understand the defenses to this charge. Our law firm sees this charge frequently in Juvenile Courts throughout Virginia. Often, minors are charged with this offense and land in Juvenile Court.
Call us at 888-437-7747 if you have been charged with texting and driving.
Va. Code Ann. § 46.2-1078.1
§ 46.2-1078.1. Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty
A. It is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to:
1. Manually enter multiple letters or text in the device as a means of communicating with another person; or
2. Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored within the device nor to any caller identification information.
B. The provisions of this section shall not apply to:
1. The operator of any emergency vehicle while he is engaged in the performance of his official duties;
2. An operator who is lawfully parked or stopped;
3. The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system; or
4. Any person using a handheld personal communications device to report an emergency.
C. A violation of this section is a traffic infraction punishable, for a first offense, by a fine of $ 125 and, for a second or subsequent offense, by a fine of $ 250.
For the purposes of this section, "emergency vehicle" means:
1. Any law-enforcement vehicle operated by or under the direction of a federal, state, or local law-enforcement officer;
2. Any regional detention center vehicle operated by or under the direction of a correctional officer responding to an emergency call or operating in an emergency situation;
3. Any vehicle used to fight fire, including publicly owned state forest warden vehicles, when traveling in response to a fire alarm or emergency call;
4. Any ambulance, rescue, or life-saving vehicle designed or used for the principal purpose of supplying resuscitation or emergency relief where human life is endangered;
5. Any Department of Emergency Management vehicle or Office of Emergency Medical Services vehicle, when responding to an emergency call or operating in an emergency situation;
6. Any Department of Corrections vehicle designated by the Director of the Department of Corrections, when (i) responding to an emergency call at a correctional facility, (ii) participating in a drug-related investigation, (iii) pursuing escapees from a correctional facility, or (iv) responding to a request for assistance from a law-enforcement officer; and
7. Any vehicle authorized to be equipped with alternating, blinking, or flashing red or red and white secondary warning lights pursuant to § 46.2-1029.2.