Legal Question in DUI Law in California

Re: Is it a legal P.C. for police to stop you for ''ashing'' cigarettes out the

Using the road as your ashtray is yucky, illegal, and very dangerous if you happen to be in a canyon or forest area, not only is it a fire hazard, the locals may well give you a free lynching. It is also, unfortunately, probable cause for the cops to pull you over and possibly tear out the wires on your car stereo looking for your stash.

Section 23111 of the California Vehicle Code provides: "No person in any vehicle and no pedestrian shall throw or discharge from or upon any road or highway or adjoining area, public

or private, any lighted or nonlighted cigarette, cigar, match, or any flaming or glowing substance. This section shall be known as the

Paul Buzzo Act."

Interestingly enough, the only substances that are -legal- to litter onto a California highway are, 1) Water; and 2) Feathers from live birds. Vehicle Code � 23114(a). You can win bar bets with that one.

Re: Is it a legal P.C. for police to stop you for ''ashing'' cigarettes out the

Thank you for your posting.

Probable cause exists whenever there is reasonable suspicion of articulable criminal activity occurring or about to occur. "Ashing" is technically a crime. California Vehicle Code Section 23112 prohibits illegal littering on public roadways. (An exception exists for feathers and ice cubes (don't ask), but ashes do not fall under that exception).

California Penal Code Section 374.3 prohibits illegal littering on public or private property.

Of course, proof is an issue here, and depending upon the exact circumstances of your case, it may be unreasonable for the police to have seen "littering" given the facts of the case.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.