Teen & New Drivers

Virginia's provisional license: the passenger limit, the midnight curfew, and why an officer may not stop a car to enforce either one.

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The first license issued to anyone under 18 in Virginia is a provisional license, and it carries restrictions that are easy to find and almost universally described wrongly. Under Va. Code § 46.2-334.01 F, no law-enforcement officer may stop a vehicle for a violation of that section at all, and evidence found as a result of such a stop — including evidence handed over with the driver's consent — is inadmissible. The passenger limit and the curfew are real, but they are secondary offenses: an officer reaches them only after a lawful stop for something else.

What carries more weight in practice is what the DMV does afterwards. A first conviction while under 18 sends the driver to a DMV-directed driver improvement clinic that earns no safe driving points; a second brings a 90-day suspension; a third revokes the license for a year or until the driver turns 18, whichever is longer. These pages set out the restrictions, the escalation and the route from a learner's permit to a full license.

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