How are Primary and Secondary Traffic Violations Different?

Traffic violations are designated as either "primary" or "secondary" offenses based on seriousness. This difference matters because police can stop a vehicle for a primary but not a secondary violation. This article gives some examples of offenses normally categorized as primary and secondary and explains how police enforce the laws differently.

Police Must Have Reasonable Suspicion to Make a Traffic Stop

Typically, an officer must have "reasonable suspicion" of criminal activity to lawfully initiate a traffic stop. In other words, it's generally illegal for police to pull someone over unless they've actually broken the law. (Sobriety checkpoints are one of the few exceptions to the reasonable suspicion rule.)

The Difference Between Primary and Secondary Offenses

But not all criminal activity justifies a traffic stop. Some minor traffic offenses categorized as secondary violations can result in a citation, but only if the driver was first stopped for a more serious offense that's considered a primary violation. In other words, police can initiate a traffic stop for a primary but not a secondary violation.

Primary Traffic Offenses

Most traffic violations are primary offenses. Common primary offenses include:

• speeding
• disobeying a traffic signal (including red light violations)
• running a stop sign
• tailgating, and
• illegal U-turn violations.

More serious driving-related crimes like driving under the influence (DUI) and reckless driving are also primary offenses.

Secondary Traffic Offenses

Secondary traffic offenses usually are minor violations of laws meant to encourage safe driving. Each state decides how to categorize traffic offenses. However, common examples of secondary offenses include:

• distracted driving (including texting and phone violations)
• adult seat belt violations (child restraint violations are primary offenses in most states)
• headlight violations.

The above violations aren't necessarily secondary offenses in your state. What might be a secondary offense in one state could be a primary offense in another state. As more people become aware of car accidents caused by phone use, more states are classifying distracted driving as a primary offense.