Is it illegal to text while driving in Virginia?

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 solely 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.   

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Our Mission is to get the best possible result for each client, while including the client in the decision-making process along the way.  Every case is different, so we strive to gain detailed knowledge of the special facts and then find all of the relevant law to help get the best result either at trial or by negotiation.

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Our Office is located at Fairfax Courthouse.   The Courthouse and Jail are right outside my window and you can’t park any closer than our office.  We focus on defense of DUI, traffic, and other misdemeanor and drug charges.

McGlone Law Firm, Fairfax Freedom Fighters
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