California | Traffic Law
Legal Question
I got a VC23111 this morning just be because the cigarete ashes flying out the window from the wind. I did not throw anything but the police refuse to be specific about the ashes incident. He only wrote in the ticket "throw burning item". What the fine would be and should i go to court to explain this?
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Legal Answer
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.
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Lyle W. Johnson Attorney at Law 152 N. Third Street, Suite 510 San Jose, CA 95112
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