You can get in a lot of trouble if you drive distracted. Virginia has laws that penalize distracted driving and impose various penalties if you are convicted. However, some laws, such as the updated 2019 cell phone law, may have you confused. In many cases, you could unknowingly break the law. Here is more information about distracted driving, the Virginia cell phone law, and their penalties.
What Is Distracted Driving?
Distracted driving is where you do anything that is not specifically related to the actual task of driving. When most people think of distracted driving, they immediately think of using a cell phone to talk or text. However, distracted driving can include eating, tending to your children, listening to the radio, or talking to a passenger while driving.
What Distracted Driving Activities Can Officers Stop You For?
Obviously, if an officer sees you in the act of violating the law, then he or she can give you a citation. However, even if the activity is not illegal, you can still be stopped.
For example, if you are fiddling with the radio, and you swerve all over the road while doing so, then you can be stopped for distracted driving. Tuning the radio is not illegal, but if the activity is affecting your driving so much that you are putting yourself and others at risk, then you can be cited for it.
What Are the Cell Phone Laws in Virginia?
Cell phones are considered a major cause of distracted driving. As of 2019, Virginia does not ban cell phone use while driving, but the law does pose some restrictions. Here are some things you are currently allowed to do while driving:
- You can talk on a hand-held device while operating your vehicle
- You can look at your phone to read your caller ID
- You can look up numbers on your phone
While you are allowed to use your phone while driving, recent changes in the law have put restrictions on where and when you can use your phone. Here are some examples of when using a cell phone is not allowed:
- You cannot talk on a hand-held phone while driving through a work zone
- You cannot talk on a hand-held phone while driving if you are under 18
- You cannot talk on a hand-held phone if you are engaged in driving a school bus
- You cannot talk on a hand-held phone if you are engaged in driving a commercial passenger vehicle with over 15 passengers
- You cannot send or receive any type of text message or email while driving except in a few, narrow circumstances
What Are the Exceptions to the Current Cell Phone Laws?
Exceptions to the law are few, but include some of the following circumstances.
- Texting while legally parked or stopped
- Calling or texting for emergency purposes (such as reporting a crash)
- Using your phone as a first responder as part of your official duties
- Looking at or using a GPS
What Are the Penalties for Distracted Driving?
Penalties for distracted driving range from a fine to possible suspension of your license. In the case of the cell phone law, the fine is based on whether you have or have not received a ticket for this violation before. Additional penalties may be based on other factors or behaviors. For example, if you were excessively speeding, then this could also result in a reckless driving charge.
Driving while distracted is never a good idea, but you should not be penalized if you did not break the law or drive in an unsafe manner. If you feel that you received an unfair traffic ticket for distracted driving, then contact Tolbert & Tolbert, LLP, to help you with your case. We have experienced traffic violation lawyers who can help you through the court process to mitigate or eliminate your penalties.
