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According to California law (SB-7), its illegal to smoke cigarettes, pipes, cigars, or any vaping devices in a motor vehicle when a minor (defined in the law) is present

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Taghizadeh, N., Vonk, J

Retrieved 12 March 2012

Smoking alone wont justify a charge, but if police can articulate how it interfered with control or attention, it can become part of the evidentiary foundation. Jeff Mass, Criminal Defence Lawyer & Managing Partner Penalties for Careless Driving A conviction for careless driving carries severe consequences: Littering: A Separate and Commonly Overlooked Offence Throwing a cigarette butt from a vehicle constitutes littering under Section 180 of the Highway Traffic Act