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McGlone Law Firm, P.C.

Q:
Is it illegal to text while driving in Virginia?

A:
Yes, it IS illegal to text while driving in Virginia. 

Virginia Code § 46.2-1078.1 sets forth the laws regarding texting while driving.  It makes exceptions for drivers of emergency vehicles, drivers reporting an emergency, and drivers who are legally parked or stopped. 

While texting and driving is a secondary offense (meaning you may not be stopped soley for that), many Fairfax County police officers have gotten around this by charging texting drivers with failure to pay full time and attention (Fairfax County Ordinance  82-4-24).  This is a primary offense, so you may be stopped if a police officer sees you texting. 

Here is an interesting case where a driver got into a whole lot of trouble after texting while driving.  
Paul Liam McGlone
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DWI and Criminal Defense Attorney and Founder of McGlone Law Firm