Everything You Need to Know About Virginia’s Texting and Driving Laws

Under Virginia’s distracted driving law, texting and driving is a primary offense that could get you a fine of $125 for a first offense.
Written by Amy Bobinger
Reviewed by Jessica Barrett
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Texting and driving has long been banned in
Virginia
, but in 2013, legislators made it a primary offense. That means officers can pull over and issue you a ticket if you are texting behind the wheel—even if you’re not committing any other offense.
Distracted driving is one of the leading causes of crashes in Virginia—18.5% of accidents can be attributed to a distracted driver, in fact. In 2018, this added up to 24,350 distracted driving accidents, and 1,618 of those involved the use of cell phones.
Because distracted driving is such a serious safety risk, most states have implemented some type of texting and driving law. Making sense of all of these states’ laws can be tricky, but don’t worry, that’s what
Jerry
is here for. We’ll break down everything you need to know about Virginia’s texting and driving laws, including the penalties and any exceptions to the rule.
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What are the texting and driving laws in Virginia?

Before 2013, texting and driving was a secondary offense in Virginia, meaning that you could only be ticketed for texting and driving if you got pulled over for a separate offense. That law was difficult to enforce, though, so now texting and driving is a primary offense in Virginia. However, it’s still enforced as a secondary offense for drivers who are under 18 years old
The law also bans the use of any handheld device in a construction zone. Commercial drivers and school bus drivers are also prohibited from using handheld devices while they’re driving.
Texting and driving is a serious safety hazard because it combines the three major types of distractions in one act: 
  • Visual distractions take your eyes off the road
  • Manual distractions take your hands off the wheel
  • Cognitive distractions take your mind off your driving

What are the penalties for texting and driving in Virginia? 

If you’re caught texting and driving in Virginia, you’ll have to pay a fine. If it’s your first offense, you’ll be fined $125. For each subsequent violation, you’ll be fined $250. And if you’re a commercial driver, you could be facing a steep fine of up to $2,750

Are there exceptions to Virginia’s texting and driving law? 

Yes, there are a few exceptions:
  • Drivers can use GPS and other navigation systems.
  • Drivers who are under 18 and commercial drivers can use their phones to contact emergency services.
  • Drivers can use their phones to play music.
  • Emergency responders, law enforcement, and drivers of Department of Corrections vehicles are exempt from distracted driving laws while they’re working.
Also, it’s technically legal to check your texts while your car is stopped at a stop sign or red light. That doesn’t mean it’s a good idea, though. According to the
National Highway Traffic Safety Administration (NHTSA)
, as many as 36% of car crashes in the U.S. happen at intersections. To be safe, it’s best to wait until you get to your destination before you look at your phone. 

Are there special rules about texting and driving for young drivers? 

Yes, Virginia has special rules for young drivers. If you’re under the age of 18, it’s illegal for you to use your phone while you’re driving, even if it’s set to hands-free mode. However, law enforcement in Virginia will not pull over a teen driver for texting and driving unless they are also committing another offense.
Key Takeaway Texting while driving in Virginia is illegal, but you can still use your phone to check GPS, contact emergency services, or listen to music.

Can texting and driving raise my insurance premium?

Texting and driving could cost you more than just a ticket. You could also see your insurance rates go up. In Virginia, the average driver with a clean record pays about $1007 a year in car insurance. After a texting and driving ticket, that average goes up to about $1268 a year. That’s an increase of $261, or 26%!
To help avoid costly tickets and rising insurance costs, it’s best to put your phone somewhere safe while you’re driving, or use hands-free options. That will help you maintain a clean record, which means you’ll be scoring those good
insurance discounts
! But more importantly, you’ll be doing your part to keep yourself, your passengers, and other drivers safe on the road.
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FAQs

No, you won’t go to jail for texting and driving in Virginia as long as that’s the only reason you were pulled over. However, you could receive a jail sentence if being distracted caused you to commit a more serious offense, like a hit and run or reckless driving.
Texting while driving is very serious. It is one of the leading causes of distracted driving accidents in the U.S. According to the NHTSA, distracted driving causes about 3,000 deaths a year.
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