Legal Question in Criminal Law in California

Can you have an adult arrested for inhaling gasoline in his own home. He doesn't actually "huff" per se, but what he does do is fix a truck for hours a day and it's like he's bathing in gasoline. The yard outside reeks hours after he's done "fixing the truck" and when he walks inside the smell makes you nauseous. He hasn't threatened anyone yet, but he looks like a time-bomb waiting to go off. My mom has anxiety and I have to stay nearby just in case this idiot goes off. I feel like smacking the crap out of him, but I know I'll be arrested and my mom will probably require medical attention--seriously. I'm not talking about a young man here, I'm talking about a 30 year drunk who has now discovered the joys of huffing and a new way to make my mom's miserable life even more so.


Asked on 4/27/10, 11:15 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

To the best of my knowledge there is no law against inhaling gasoline fumes. Even if there were such a law, it would have to be written in a way that only prohibited inhaling fumes for the purpose of becoming intoxicated without also prohibiting incidental inhalation while working on a motor vehicle. The actions you describe probably would not violate such a law.

You evidently have good reason to be worried about what this man will do, but the police won't arrest him just because he might commit a crime in the future.

You haven't explained this man's relationship with your mother, but I presume he is either her husband or her significant other. If he has a history of violence toward her and seems likely to be violent in the future, she should consider leaving him now.

Good luck to both of you.

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Answered on 5/05/10, 5:02 pm


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