Legal Question in Traffic Law in California

Fighting a vc 23111 ticket?
Yesterday I got off work and had a cigarette. I did not enter my car as I don't want to smoke in my car nor do I want to throw it out on the highway. There were two cops down the street dealing with a lady getting her car towed. I drop my cigarette on the ground and immediately stamp it out. As I am bending over to pick it up the cop beckons me over and writes me a ticket for ''throwing my cigarette out.'' I explained to the officer I was going to pick it up and throw it away as I didn't want to throw a lit cigarette in a trash can. He didn't listen. Should I fight this ticket? The cop waited for me to do something wrong, he could have just told me hey don't throw that out. I also should mention I spit on the ground first and dropped the cigarette in the puddle to put out the flame. Also is this an instance where I could possibly get a Pre Trial intervention?

Asked on 5/11/09, 1:00 pm

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Re: Fighting a vc 23111 ticket?

I would fight it. Set the case for trial and hope the cop doesn't show up.

Answered on 5/13/09, 4:15 pm

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