California  |  Traffic Law

This section prohibits the discharge or throwing a cigarette lighted or unlighted from a vehicle is a violation of this code section. The blowing of ashes from a cigarette out the window would be a violation of the law. The question is whether or not the police officer could actually see the cigarette ash being blown out the window. Unless the car was stopped the the police officer was next to the window I don't know how he could see a cigarette ash blowing out the window. You can check the Nolo Press book How to Fight Your Traffic Ticket for help in this matter or hire an attorney to either help your ore represent you.