What are Primary and Secondary Traffic Violations?

If you are facing a traffic violation hire a traffic attorney to guide you thru your case and learn more about your traffic violation. Primary violations are offenses that allow a police officer to pull you over and issue a citation. 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.

Traffic Violations Explained

Primary Offenses permit a police officer to pull you over solely because you are committing that offense.  You do not need to be suspected of any other traffic infraction for a police officer to issue you a citation.  For example, a police officer can pull you over for speeding and issue you a ticket.  In addition, Virginia has made holding a cell phone while driving a primary offense. Even if you’re stopped at a red light or using your GPS, officers can still issue you a citation.
Secondary Offenses, cannot by themselves, result in law enforcement pulling you over.  A citation can only be issued for these offenses if you are stopped for another reason (primary reason). Secondary offenses are still illegal, but law enforcement cannot pull you over solely for your violation of such an offense. Other secondary offenses include noisy or malfunctioning exhaust systems, suspending items from your rearview mirror, having tinted windows, expired safety inspection or registration tags. Secondary offenses even extend to pedestrian laws; officers can no longer stop pedestrians who jaywalk or cross highways and streets with inadequate regard for safety.

Montgomery Kelley & Dennett are here to help!

Are you in need of legal assistance with your traffic violation and live in James City County, Virginia? At Montgomery, Kelley & Dennett we have decades of combined legal experience to pursue your case.