How to Fight a Distracted Driving Ticket in Virginia
If you got a distracted driving ticket in Virginia, you can usually pay it, contest it in court, or pursue a dismissal/mitigation option. Under VA Code § 46.2-1078.1: first offense = $125; second or subsequent offense = $250.
How to fight a distracted driving ticket in Virginia, step by step
Decide how to plead
Under VA Code § 46.2-1078.1: first offense = $125; second or subsequent offense = $250. Demerit points: 3 points for a first offense; 3 points for subsequent offenses (verify at dmv.virginia.gov).
Request the evidence in your case
Ask the court for the officer's notes and any photos, device records, or calibration logs relied on to issue your distracted driving citation — you have a right to review what the case against you is built on.
Know exactly what you're contesting
Under VA Code § 46.2-1078.1: first offense = $125; second or subsequent offense = $250.
Show up prepared
Arrive early, dress neatly, and bring your documents plus a short, factual statement of your side.
Prepare for your Virginia court date — free
Get a guided prep chat for your exact violation, then a court-ready mock script you can rehearse.
Start my free court prep →Virginia Distracted Driving ticket — frequently asked questions
What is Virginia's distracted driving law?
VA Code § 46.2-1078.1 — Virginia's handheld device law prohibits holding or using a handheld personal communications device while operating a motor vehicle. Both texting and handheld calls are prohibited. Hands-free/Bluetooth use is permitted.
What are the fines and points for distracted driving in Virginia?
Under VA Code § 46.2-1078.1: first offense = $125; second or subsequent offense = $250. Demerit points: 3 points for a first offense; 3 points for subsequent offenses (verify at dmv.virginia.gov). These fines and points apply to both texting and handheld calls. Hands-free use is permitted. To contest: plead not guilty and request a hearing; challenge whether use was truly prohibited handheld use versus permissible hands-free operation.
Zigpon is an educational self-help guide, not a law firm — this is general information, not legal advice. Laws change and every case is different; verify details with your court or a licensed attorney before acting.