1622 W. Main Street | Richmond, Virginia 23220
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What is the difference between primary and secondary violations?Primary violations are offenses that allow a police officer to pull you over and issue a citation. Speeding is an example of a primary violation. Secondary violations cannot lead to traffic stops by themselves. For instance, a malfunctioning headlight is a secondary violation; a police officer cannot pull you over solely due to this minor offense.
What should I know about the 2021 Virginia traffic bill?
A bill was passed on March 1st, 2021 to downgrade primary offenses to secondary offenses. Further, localities are not permitted to change a secondary offense into a primary offense in their ordinance. These changes can be associated with a session in 2020 that aimed to address racial disparities and profiling in traffic stops in Virginia’s justice system. The following is a list of changes brought on by the 2021 bill.
While the scent of marijuana from a motor vehicle used to be classified as a primary offense and constitute a traffic stop, it is now a secondary offense.
Noisy or malfunctioning exhaust systems in motorcycles, mopeds, and cars, which includes “mufflers and other sound dissipative devices,” can no longer be the sole cause for a traffic stop. Further, faulty brake lights or tail lights are no longer considered a primary offense.
Suspending items in your vehicle, namely from the rearview mirror, is now a secondary traffic offense in Virginia.
Tinted windows are a secondary offense; however, tinting past a certain measure is still illegal.
After this bill, drivers can no longer get pulled over if their safety inspection and/or registration tags are expired by four months or less.
This bill also modified pedestrian laws: police officers can no longer stop pedestrians who jaywalk or cross highways or streets with inadequate regard for safety.
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1622 W. Main Street
Richmond, Virginia 23220
Alex Taylor Law PLC is located in Richmond, VA and serves clients in and around Glen Allen, University of Richmond, Highland Springs, Henrico County and Richmond City County.
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