Is smoking in a vehicle a traffic violation?

On Behalf of | Feb 16, 2023 | Traffic Violations |

Your vehicle is your personal property, so you may think that whatever you do in it is your business. However, there are many laws regulating what you can and cannot do in your vehicle.

These laws seek to help keep you and others safe. For example, you cannot drink and drive because it increases the risks of an accident. You have to have your small children in a car seat for their safety. Another rule concerning children is the prohibition of smoking when they are in the car.

The law’s details

It is a civil violation for you to smoke in a vehicle with any child aged 15 or under. You will face a fine of $100 for each violation. You do not get points on your license as it is not a moving violation. But it is a traffic violation. There are no court costs or other costs associated with this charge.

Limitations to the law

There are limitations to this law. First, an officer cannot pull you over only to give you this violation. Officers can only assess it when already pulling you over for a moving violation. They also cannot search your vehicle, using smoking with a minor as the basis for the search. If they do, any evidence gathered is not allowed in court to use against you for additional or other charges.

Smoking cigarettes, cigars or other lighted smoking devices violate this law if there are children under the age of 15 inside with you. But remember, this is not a moving violation and not something a cop can pull you over for doing.

FindLaw Network