Traffic stops are a routine part of law enforcement’s efforts to keep Virginia roads safe, yet many drivers are unprepared when flashing lights appear in their rearview mirror. Virginia’s laws around traffic stops changed in 2021, ending what are known as pretextual traffic stops.

Learn more about what pretextual police stops are, what offenses can be used as the basis of a traffic stop, how to act when the police pull you over, and how a skilled local traffic lawyer can help if you are charged with something due to a traffic stop.

What is a Pretextual Police Stop?

A pretextual stop occurs when a law enforcement officer stops a vehicle for a minor violation to look for evidence of a more serious crime. While the officer makes the traffic stop for some type of presumed violation, their true objective is to gather information or investigate something unrelated to the motor vehicle accident.

As of 2021, pretextual police stops are not permitted under Virginia law.

As a driver, you have legal rights, and you can only be pulled over and detained long enough to complete the actual objective of issuing a ticket or giving you a warning. There are guidelines the police must follow for a traffic stop, so it is usually more useful to investigate whether the officer followed procedure than to try to prove the stop was pretextual.

Are Pretextual Traffic Stops Legal in Virginia?

Under the Commonwealth of Virginia law, pretextual stops are effectively prohibited. That means a police officer cannot stop a person for minor infractions considered secondary offenses.

2021 Changes to Virginia’s Pretextual Stop Laws

In 2021, the state changed the law, making some types of minor infractions into secondary offenses. That means a person cannot be stopped just for these offenses. However, if they stop you for other offenses, like speeding or failing to stop at a light, then they can issue a ticket for the secondary offense.

Specifically, the law states that a person cannot be pulled over based on these factors:

• The smell of marijuana or alcohol
• A broken tail light or other equipment violations
• A loud exhaust
• Expired inspections or license plates that are less than four months past due
• Tinted windows
• Cracked windshield

You also cannot be searched by police based only on the smell of marijuana (although an odor of marijuana or alcohol from a driver could still give rise to a DUI investigation).

Remember, you can still get in trouble for these violations of the law. The difference is that you cannot be stopped for these reasons.

What Can a Cop Pull You Over for in Virginia?

A police officer can stop you for numerous reasons. These are primary traffic offenses, and they include but are not limited to:

• Speeding
• Driving recklessly
• Failing to stop at a stop sign
• Running a red light
• Failure to maintain lane
• Passing a school bus illegally while loading or unloading passengers
• Other moving violations

What to Do During a Traffic Stop in Virginia

When you are stopped for a traffic violation, follow the police officer’s requirements, but clarify if their instructions are requests or orders. Remain calm and polite to the police officer. You certainly do not want to refuse to engage in activities you are being told to do.

For example, if the police officer asks for your driver’s license and then asks you to come and sit in their car while they run your license, be clear. You may say, “Are you telling me to get into the police car, or are you asking me?” In doing that, you clarify that the police officer expects you to get into their car.

Something like this may not seem to matter. However, if a police officer is, in fact, fishing for information, they may use this tactic to be able to ask you additional questions informally. If the police officer states you have to sit in the car, they then must justify why they needed to do that.

In a situation like this, your attorney may be able to prove the police officer was misleading or not following procedure. If so, your lawyer can seek a motion to suppress any evidence discovered or obtained.

Related Article: What to Do During a Traffic Stop in Virginia

How a Local Traffic Lawyer Can Help After a Traffic Stop

A skilled traffic defense lawyer knows several tactics that could afford you some protection based on the details of your case.

The practice of stopping cars without just cause can often fall under illegally detaining a person if the police officer spends too much time issuing you a ticket. Under the Rodriquez case law, police cannot detain you indefinitely, and this is something that your attorney can question the actions of a police officer. There is no set time that is “too long,” but if it seems like the police officer is stalling, perhaps to wait for a drug dog to show up, this could be evidence your attorney uses to suppress the evidence revealed during your stop. They may be able to use the police officer’s body camera, for example, to show they were stalling and not doing the work to issue a ticket. They can only detain for so long as reasonably necessary to effectuate the purpose of the traffic stop, absent independent probable cause.

If a drug dog alerts on your vehicle and illegal items are discovered in the resulting search, your attorney may be able to use the dog’s performance record and training documentation to raise doubt as to the veracity of the dog’s alert. For example, your attorney may question the dog’s performance, which could create uncertainty in any other case in which the dog performed. As a result, the Commonwealth’s attorney may be more interested in reducing the charges or dropping them if your lawyer could argue the dog is unreliable.

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Why Clients Choose Randall & Bruch, PC

At Randall & Bruch, we believe in doing the job right. We thoroughly investigate our clients’ cases and explore every available avenue of defense. Several of our lawyers are former officers and prosecutors, so we understand traffic law from one side of the courtroom to the other. Our experience, dedication to our clients, and knowledge of the law allow you to get the support you need. Schedule a consultation to see the difference for yourself.

Testimonials

“This law office helped me with a traffic ticket that I had. We beat the case! No court fees, no points off my driving record, and nothing that would harm my car insurance. I truly appreciate it. Mr. Bruch helped me out and now I am helping the law firm by telling whomever is reading this review and needs assistance. Call them!” —Tennille B.

“I feel very fortunate to have chosen Randall & Bruch. What a great team! Kevin Frank represented me in traffic court and delivered great results. I would not hesitate to recommend Randall & Bruch.” — Jim H.

Protecting Your Rights After a Traffic Stop

Always be prepared for what happens when a traffic violation turns into a much larger problem. For help, contact Randall & Bruch, PC by calling 757-742-6115 or filling out our contact form.