What the Police Can’t Pull You Over For in Virginia Beach
In 2020, the Virginia General Assembly passed legislation that took effect on March 1, 2021. The law was passed during a special session to reclassify some traffic violations from primary to secondary offenses.
The law also made it illegal for a Virginia police officer to stop your based only on certain secondary offenses. In general, an officer needs a primary offense, such as speeding or reckless driving, to justify the stop.
The reason for the stop can affect what happens next. If an officer pulled you over based only on a protected secondary violation, you may have grounds to question the ticket or any evidence found during the stop.
If law enforcement directs you to pull over, pull to the side of the road as soon as you can do so safely. If there is no safe place to stop, put on your hazard lights so the officer knows you see them. Find the next available safe area and pull over.
What Are Primary and Secondary Violations?
Virginia traffic stops often depend on the difference between a primary violation and a secondary violation. A primary violation can justify a stop on its own. A secondary violation may lead to a ticket in some situations, but it generally cannot be the only reason an officer pulls you over.
Examples of secondary violations may include:
- Defective or unsafe equipment
- Certain taillight, brake light, or headlight issues
- Tinted windows
- Loud or defective exhaust
- Objects hanging in a way that may obstruct the driver’s view
- Expired registration or inspection stickers before the first day of the fourth month after expiration
- Odor of marijuana alone
Primary violations are different. These are traffic offenses that can give an officer a legal reason to stop you. Examples may include speeding, reckless or unsafe driving, and certain seat belt violations.
If an officer lawfully stops you for a primary violation, the officer may also cite you for a secondary violation. But if the stop was based only on a protected secondary violation, it may raise questions about whether the traffic stop was legal.
State law also limits certain pedestrian stops. For example, officers cannot stop a pedestrian based only on a violation of Virginia’s pedestrian crossing statute. Evidence found because of that improper stop may not be allowed in court.
What to Do After a Possible Illegal Traffic Stop
If you believe a Virginia officer stopped you based only on a secondary violation, take these steps:
- Pull over safely and stay calm. Do not argue with the officer on the roadside.
- Ask for the reason for the stop if it is safe and appropriate to do so.
- Pay attention to whether the officer mentions a primary violation, such as speeding or reckless driving.
- Write down what happened as soon as you can. Include the time, location, officer’s stated reason for the stop, and what happened after the stop.
- Keep a copy of the ticket, warning, or any paperwork the officer gives you.
- Save any helpful evidence, such as dashcam footage, passenger notes, photos, or nearby camera locations.
- Do not ignore the citation. Even if you believe the stop was improper, you may still need to respond by the deadline listed on the ticket.
- Consider speaking with a local traffic defense lawyer if the stop led to a citation, search, arrest, or criminal charge.
A possible illegal traffic stop in Virginia may affect more than the ticket itself. If the stop was not lawful, it may affect whether the citation or evidence from the stop can be challenged.
If you were stopped for a primary violation, you may still have options for addressing the citation. If you were stopped based only on a secondary violation, the reason for the stop may be important.
Invictus Law can review the citation, the officer’s stated reason for the stop, and what happened afterward. From there, you can better understand whether the stop, ticket, or any related evidence may be challenged. Contact Invictus Law to discuss your options after a traffic stop in Virginia.
