Holding a Cellphone While Driving Reduced to Failure to Pay Full Time and Attention in Fairfax County
Client was driving to a work event and an employee had texted them. A Fairfax County Police Officer saw the phone and cited our client for holding a cellphone while driving. This is because Virginia is a "hands free" state. Holding a cellphone is a 3-point offense for DMV purposes so client hired us to help avoid points and any insurance rate ramifications.
Client had a clean driving record and took an online defensive driving course at our direction. Traffic was not affected and our client was polite with the officer. Prosecutors at this time are not involved in infractions in Fairfax County so this case was heard directly by the Judge. We explained the situation to the Judge and the officer did his bit that they had no issues with a reduction after speaking with us. The Judge lowered the cellphone charge to failure to pay full time and attention under the Fairfax County Code with a fine.
Failure to Pay Full Time and Attention is a local ordinance that is not reportable to the Virginia DMV. Therefore it's like a parking ticket insofar as it does not appear on the driving record. Consequently, no DMV points are assessed and it does not affect insurance.
Practice area(s): Speeding / Traffic Ticket
Court: Fairfax County General District Court