In a recent case before the Fairfax County General District Court, the defendant was found not guilty of reckless driving when he struck and killed the driver of a disabled vehicle. At the time of the accident, there was evidence presented that he was texting. In acquitting him of reckless driving, the district court judge found that the legislature simply did not provide an avenue to convict the defendant on alleged texting alone.
In response, legislative representatives have indicated that they will be taking a closer look at texting laws in Virginia. It will be no suprise if Virginia sees an amendment or bill introduced expanding criminal liability for those caught texting while driving.
An article about this case can be found at http://valawyersweekly.com/2012/09/10/traffic-law-on-texting-may-need-tightening/