How do you fight a california 23111vc cigarette ash ticket.

Question

I was sitting at the red light on the freeway on ramp, smoking a cigarette with my cigarette hanging out the window, when a police officer suddenly gets on his loud speaker and tells me "DO NOT ASH YOUR CIGARETTE ON THE FREEWAY" and goes on to pull me over at the next exit.

Long story short, it was a cordial encounter with the cop, but he gave me a ticket for 23111vc violation, saying that I ashed on the freeway. For one, I never ever throw cigarette butts out on the street. Second, I don't think I even ashed to be honest.

Ive been looking online, and the penalty seems to harsh for the crime, anywhere from $250-390 plus 8 hours community service!!

If someone could give me advice on how to fight this ticket it would be greatly appreciated.

Answer 1

tell them you didn't inhale.

Answer 2

It is only an infraction, meaning you can never go to jail for this charge, so go ahead and fight it.  

I was doing a little research and discovered that this section, also known as the Paul Buzzo Act, became law in 1970 in an effort to prevent fires.  This section was passed with a lot of other fire restrictions and fire preventative measures relating to railroads, buildings, etc.  You may try to argue you were not violating the legislative intent of the law.... but this is a stretch.  I would stick to it did not happen and there was no way the officer was able to see such a small thing as ashes from his moving police vehicle.

Contrary to other laws enacted at the same period, it is not related to littering.

http://www.legaltips.org/california/cali...

Answer 3

it wont hurt to show up in court.  If the cop dose not show up, they may lower the fine, or even wave you.  The judge may be forgiving of you for not throwing the cigarette out the window, just what seemed like ashes.  It all depends on the judge

Answer 4

The time you will spend trying to fight the ticket is not worth it. You can make more money doing extra work in the meantime.

Answer 5

quit smoking! you'll save enough to pay your fine!