It's no secret that distracted driving is a major issue. Whether it’s texting and driving, talking on your phone while behind the wheel, or trying to find songs with both hands on the radio, taking your attention off the road can be extremely dangerous. Moreover, it leads lead to serious traffic offenses.
From costly fines to license suspension or revocation, distracted driving often results in serious consequences. And don't forget points added to your license. If you accumulate enough within a certain period, you could suffer even more repercussions.
If you've been charged with a distracted driving offense, this article will help you gain valuable insight. It explains how these offenses work, their penalties, and strategies for handling an allegation.
Different Types of Distracted Driving
Visual distractions are common problems. This could be anything that takes a driver's eyes off the road. This might include texting while driving, looking at a map or GPS, or even checking out the scenery.
Manual distractions involve taking your hands off the wheel. Examples include smoking, eating, drinking, reaching for something, playing with the radio, etc.
Cognitive distractions take the driver's attention off the road. Examples might include daydreaming, struggling with an intense emotional experience, or talking on the phone.
Virginia’s Texting and Driving Laws
The Commonwealth has stringent laws to prevent people from engaging in this risky behavior. Drivers are prohibited from sending or receiving text messages while on the road.
The state has an entirely hands-free policy. This means drivers are not allowed to hold phones while driving, even just to talk. There are some exceptions for emergencies, but as a rule, you should avoid all cellphone use behind the wheel in our state.
Virginia has an entirely hands-free policy. This means drivers are not allowed to hold phones while driving, even just to talk. There are some exceptions for emergencies, but as a rule, you should avoid all cellphone use behind the wheel in Virginia.
Distracted Driving Penalties in Virginia
Texting and Use of Handheld Mobile Phones
First Offense: $125 fine
Second or Subsequent Offenses: $250 fine
Highway Work Zone Violations
Distracted drivers moving through a highway work zone can receive a $250 fine.
Tips on How to Avoid Distractions Behind the Wheel
- Limit conversations with passengers.
- Eat before getting behind the wheel.
- Plan routes in advance. This can help keep you from GPS or map distractions.
- Turn off all phone notifications and put the device away completely. This is a great way to reduce the temptation to use it while driving.
These small adjustments can have a big impact on driver safety.
Defenses Against Distracted Driving Allegations
If you’ve been accused of any crime, even a minor traffic violation, you have the right to a legal defense. Here are some strategies you can use to argue against distracted driving allegations in court.
Insufficient evidence of driving: Technically, you must be operating a vehicle to be accused of distracted driving, and it is generally legal to use your phone while parked. If you were not driving at the time of the alleged offense, you can use this fact to fight your allegations.
Lack of proof of distraction: The prosecution must prove that you were distracted while driving. Perhaps there is insufficient evidence to support this claim.
Comparative negligence: Comparative negligence refers to everyone’s shared responsibility in an accident. It may be possible to prove that another driver was at least partially responsible for a wreck.
Other cause of accident: If there was another cause for the accident, such as a mechanical failure or poor road conditions, this can be a defense against distracted driving allegations.
Challenging device usage: If the evidence presented relies on the use of a cellphone or electronic device, you could challenge the accuracy or reliability of the data.
Andrew J. Cornick, Attorney at Law can help you fight a traffic ticket in court. To consult with our attorney, schedule time with us online or call us directly at (540) 386-0204.