NORFOLK, Va., (WVEC) -- Is it legal to drive while wearing headphones? 13News Now viewer Jerri Michael asked so we set out to verify.

We checked in with George Neskis, an attorney with the Decker law firm, for answers.

“Virginia law is very clear that it is illegal to wear headphones, earphones, ear buds in both ears while you’re operating a motor vehicle,” Neskis said.

Keep in mind, the ban states that it only applies to headsets or earbuds in both ears.

There are also some other exceptions including prosthetic devices for the hard of hearing and earphones installed in helmets for motorcycle riders.

As for the Tar Heel state, North Carolina is one of 32 states with no laws on books, but you could still get a ticket for distracted driving or failure to yield to an emergency vehicle if you don't hear the sirens.

Plus, it could be dangerous if you wear earbuds.

Neskis warned, “This presents a very real safety hazard. Obviously, it takes a lot of senses to drive an automobile including auditory senses you have to be aware of what’s coming — emergency vehicles, etc.”

So with that said, we can verify that while it is illegal to wear earphones in both ears in Virginia, it's legal in North Carolina.