Issuing citations; possession of marijuana and certain traffic offenses.
Changes from a primary offense to a secondary offense the possession of marijuana and the traffic infractions of operating a motor vehicle (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust
system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle. A secondary offense is one for which a summons can only be issued if the offender is stopped for another, separate offense. The bill also provides that no law-enforcement officer may lawfully search or seize any person, place, or thing during a traffic stop solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding. The bill prohibits the enactment of a local ordinance establishing a primary offense when the corresponding provision in the Code of Virginia is a secondary offense. The bill prohibits any local ordinance relating to the ownership or maintenance of a motor vehicle from being cause to stop or arrest a driver of a motor vehicle unless such violation is a jailable offense. The bill prohibits a law-enforcement officer from issuing a citation for jaywalking or entering a highway where the pedestrian cannot be seen unless the pedestrian is also stopped for another, separate offense. The bill provides that law-enforcement officers are not permitted to stop a motor vehicle for an expired safety inspection or registration sticker until the first day of the fourth month after the original expiration date. The bill also provides that no evidence discovered or obtained due to an impermissible stop is admissible in any trial, hearing, or other proceeding.