We use our cellphones every day for much more than simply making phone calls. Arguably, people communicate more now using text messaging than by phone calls or email. People can text from anywhere and will text from everywhere, including their vehicles. Unfortunately, texting can pose a legal problem when operating a motor vehicle because texting while driving is illegal and is a moving violation. Due to the inherent danger involved, the police in Fairfax County are always on the lookout for texting while driving and it is a common charge. We can help and offer a free consultation to discuss your case. Give us a call at 703-273-4100 or use the contact form below.
Previously, Virginia Code §46.2-1078.1 forbid using a handheld personal communication device (cellphone) while on a highway to manually enter letters or text to communicate with another person. It also did not allow reading a message, such as an email or text message, that was sent to you or is otherwise stored on the phone. However, that statute has been repealed and the texting while driving law has changed. It is now illegal to simply hold a cellphone while driving under Virginia Code §46.2-818.2. As a result, now, if you are caught texting while driving in Fairfax County, it will be treated as if you were holding a phone while driving regardless of what you were doing with the phone.
The penalty for texting while driving is a $125 fine for a first offense and 3-points for DMV purposes. A second offense or more is a $250 fine (same DMV points). If you have been charged with texting while driving in Fairfax County, reach out to us and our traffic lawyer would be happy to speak with you. We regularly handle texting while driving charges in all of the localities in Fairfax County including the Fairfax County General District Court, Fairfax City General District Court, Town of Vienna Court, and Town of Herndon Court. For additional information, please see our driving while holding a phone webpage.