Legal Question in Traffic Law in California

Hi. I got cited for 23111cvc:

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.

I did not throw cigarette out window, but the officer said she saw ash out the window. I did not ash out window! Its a possibilty that the wind sucked it out.

Anyways, I'm planning to fight it. It's an infraction I know, but I want to fight it because i feel like i didnt deserve this. I have an ashtray in my car, and even though I'm a smoker, it bothers me when people throw cig out window, so i understand why tickets exists. Btw, ticket says: "'THROW lit object from vehicle - cigarette ash". After i pulled over, officer waited about 5 mins. before she came out of her car. Think she was waiting for me to throw cig. out.

I didnt't 'throw' anything, and ash being a 'lit object', ash dies - fast. how can it be proved that it was still lit by time it exited vehicle?

PLEASE help, any feedback is much appreciated.

I'm a college student and planning to go to law school :)


Asked on 10/06/09, 5:41 pm

1 Answer from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

There is community service work imposed as a mandetory sentence. However, I have been sucessful in having that provision waived. Contact me directly.

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Answered on 10/07/09, 7:56 pm


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