Texting and Driving: Pretextual Stop

As of July 1, 2013, texting while driving is a primary offense in Virginia.  This means that an officer can pull you over just for texting while driving; you don't need to be breaking any other laws.  One possible consequence to this new law is that officers may use texting while driving as a pretextual stop.  A pretextual stop is when a police officer pulls a driver over for a minor traffic offense with the intent of investigating a separate criminal offense.  So, an officer can pull someone over for texting while driving, but have the goal of investing a larger crime like a DWI or drug possession.

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James S. Abrenio
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Focusing on criminal, traffic defense and personal injury cases