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Rules for using a phone while driving in Virginia

| Jul 1, 2020 | Traffic Violations |

At this point in time it is sometimes hard to imagine life in Virginia without having a phone at all times. People use them to talk to people, text, email, order food, check social media, read news stories and for other reasons. This can be very useful and be very convenient, but there are times that people need to put their phones down. One of these times is when people are driving. If people are looking at their phones, they are not looking at the road, which can be dangerous.

It is also can result in a traffic violation depending on what people are doing with their phones while driving. People are still allowed to hold their phones in order to talk on their phones, unless they are driving through a construction zone. However, people cannot text or email or read texts or emails that they received from others. They can look up a phone number in their contacts in order to make a call though. People can use their phones for any reason if they are legally parked at the time they are using it though.

If people are caught texting or emailing while driving a first offense could result in a $150 fine, unless the offense occurred in a construction zone, which results in a $250 fine. For any subsequent offense the punishment is a $250 fine.

However, there may be defenses available to the driver and they may not need to pay the fine or have the charge on their driving record, which could affect their insurance. There could be defenses available and it would need to be proved beyond a reasonable doubt that they were texting, emailing or reading emails or texts and not doing something which is legal.

It is very tempting to check a text or email while driving in Virginia. If caught, people could be required to pay fines and it could have other consequences for their insurance. However, people can have their phones in their hands and legally use it to make phone calls. So, there could be potential defenses and people may be able to avoid the consequences associated with a texting and driving ticket. Experienced attorneys understand the effects of these tickets and may be able to guide one through the process.