Drivers in Virginia should be aware of 7 new driving laws that will take effect on July 1, 2020. The new driving laws in Virginia ban the use of handheld cell phones while driving, and changes criteria for driver’s license suspensions for certain non-driving related offenses.
For expert legal guidance in all areas of VA driving laws, you can count on the skilled car accident lawyers of Rutter Mills. For over 50 years, families located in Virginia Beach and all across Hampton Roads, have depended on our knowledgeable legal team for compassionate advocacy and results-focused representation.
House Bill 874 will create a total ban on the use of handheld mobile devices when driving, with the exception of motorists who are lawfully stopped and parked. Please note that this law has a delayed effective date of January 01, 2021.
This expands on previous legislation that made it unlawful to smoke in a motor vehicle in the presence of minors under the age of 8.
All vehicle drivers must stop when yielding to pedestrians at:
The new law raises the threshold for per se reckless driving for speeding from driving in excess of 80 miles per hour to driving in excess of 85 miles per hour. The threshold for per se reckless driving for speeding for driving at or more than 20 miles per hour in excess of the speed limit remains unchanged. The bill also provides that any person who drives a motor vehicle at a speed in excess of 80 miles per hour but below 86 miles per hour on any highway in the Commonwealth having a maximum speed limit of 65 miles per hour shall be subject to an additional fine of $100.
HB 34 allows a person convicted of a first offense of refusal of breathalyzer or blood tests to determine BAC to petition the court (30 days after the conviction) for a restricted driver’s license. The restricted license is not applicable to commercial motor vehicles.
The Department of Motor Vehicles must return or reinstate any person’s driver’s license that was suspended prior to July 1, 2019, solely for nonpayment of fines or costs. Any person who is convicted of violating the law cannot have their driver’s license suspended just because they are unable to or refuse to pay fines and costs.
A person’s driver’s license cannot be suspended based on the following provisions:
When do the new Virginia driving laws take effect?
The new driving laws take effect on July 1, 2020, with the exception of the handheld cell phone ban, which takes effect on January 1, 2021.
What does the new law say about handheld cell phone use while driving?
House Bill 874 creates a total ban on handheld mobile devices while driving. The only exception is if the motorist is lawfully stopped and parked. This law takes effect January 1, 2021.
Is smoking in vehicles with children still legal?
No. It is now unlawful to smoke in a motor vehicle when a child under the age of 15 is present. This expands on the previous law, which applied only when children under 8 were present.
When must drivers stop for pedestrians under the new law?
Drivers must stop when yielding to pedestrians at:
What is the new threshold for reckless driving based on speed?
What happens if someone refuses a breathalyzer or blood test?
For a first offense, a driver convicted of refusal may petition the court 30 days after conviction for a restricted driver’s license.
This does not apply to commercial motor vehicle drivers.
Can driver’s licenses still be suspended for unpaid fines or costs?
No. The DMV must reinstate licenses suspended prior to July 1, 2019, if the suspension was solely for nonpayment of fines or costs. Moving forward, licenses cannot be suspended just because someone is unable or unwilling to pay fines or costs.
What non-driving offenses can no longer lead to license suspension?
Driver’s licenses may not be suspended for:
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