When pulled over by a law enforcement officer, it is important to know your rights. In order to know your rights, you should understand the differences between a primary and a secondary offense.
A primary traffic offense is an act that allows a police officer to pull a vehicle over and give the driver a ticket. In the state of Florida, these violations are outlined in Chapters 316, 320, and 322 of the Florida Statutes. Primary offenses include but are not limited to tailgating another vehicle, running a red light or stop sign, speeding, and front seat adults or minors not wearing a seatbelt. These are considered primary traffic offenses and can result in immediate traffic stops and citations. Seat belt laws vary by state, but generally, not wearing a seat belt is considered a primary violation. A seat belt violation may carry different fines depending on the state. Seat belts are mandatory in all vehicles, and failure to wear them can result in fines.
On the other hand, secondary traffic offenses are acts that can only be charged once a driver has already been lawfully stopped. In short, a law enforcement officer is not authorized to stop a vehicle for committing a secondary offense but may issue a citation for a secondary offense if the vehicle has been lawfully stopped for violation of a primary offense. Police officers stop drivers all the time for primary offenses so they have a basis to perform further investigations. For example, a police officer may run your tag and see that the driver’s license (for the owner of that vehicle) is restricted to business purposes only due to a DUI charge. He/she will then use a primary offense as a basis to stop the vehicle in the hope that further investigation will provide a basis for criminal charges (for example, driving unlawfully on a business purposes-only restricted license). Secondary violations in Florida include texting while driving and illegal window tint on a vehicle, among other things. Understanding the distinction between primary and secondary traffic offenses is crucial for all drivers. Traffic violations can have serious consequences, including fines and points on your driving record.
Examples of secondary traffic violations often include activities like distracted driving (e.g., using a cellphone or texting), adult seatbelt infractions (with child restraint issues being primary offenses in many states), and improper headlight use.
It is in the best interest of all drivers to know what constitutes a primary or secondary offense. Know your rights so that law enforcement does not trample on them.
In the event that you do find yourself in need of aggressive representation in a traffic violation or ticket case, contact The Wiseman Law Firm’s experienced traffic violations attorneys at (407) 420-4647 or fill out a contact form. Your first consultation is free!
