West Virginia's "Electronically Distracted Driving Act" generally prohibits all drivers from text messaging or talking on a cell phone while operating a vehicle. Here are the specifics, including the fines for a distracted driving ticket.
West Virginia has an expansive distracted driving law that covers all electronic device use while driving.
West Virginia's distracted driving law defines "wireless telecommunication device" to include:
Although this list is fairly comprehensive, the law also says the definition includes all "substantially similar" portable wireless devices that are used to initiate or receive communications, information, or data. In other words, the law doesn't leave much wiggle room.
The law does, however, contain exceptions for communication devices used by bus drivers and first responders and commercial two-way radios.
West Virginia's distracted driving law makes it illegal to drive or operate a vehicle while:
The distracted driving restrictions are applicable even when a motorist is temporarily stopped because of traffic or red signals. To lawfully use a cell phone or other electronic device, the driver must park in a location where it's safe to remain stationary.
However, these restrictions don't apply to using a device in hands-free modes while operating a vehicle.
The penalties for a distracted driving violation depend on the circumstances, including the driver's record and whether the violation involved property damage, injuries, or deaths.
Distracted driving violations are misdemeanors in West Virginia. The fines for a distracted driving violation are:
The Division of Motor Vehicles will assess demerit points to a driver's record only for third and subsequent convictions. The judge also has the option of suspending the driver's license for up to 90 days for a third or subsequent conviction.
Distracted driving violations that involve property damage generally carry up to 30 days in jail and $100 to $500 in fines.
Distracted driving violations that involve serious physical harm to another person generally carry up to 120 days in jail, $500 to $1,000 in fines, and a one-year license revocation.
If a distracted driving offense contributes to the death of another person, the driver will likely face negligent vehicular homicide charges. A conviction carries up to a year in jail, $500 to $1,000 in fines, and a one-year license revocation.