Smoking in the car with Children present?

Question

Does the law prohibbiting me from smoking with children in the car violate my constitutional rights? and if I lean my head out the window will I still get a ticket?

Interesting answers, all of them.

Just for the record, I actually do not smoke, nor do my kids - we all learned through the example of my mother, who smoked from age 14 to age 50, then went on oxygen and had a lung transplant 3 years ago. sadly, my sister does smoke.

Personally, I'm allergic to cigarette smoke - gives me hives! I happily just moved to a state where smoking is NOT allowed in any public building, including bars and restaurants.

Answer 1

I'm not sure.

My mother smokes. However, when I was a child, she didn't smoke around me.

BUT, that was when I was younger. By the time I was ten, I'd learned the risks of smoking in school; my parents never talked to me about anything; not drugs, drinking sex--none of it--so she basically went with the "whatever" perspective. She wouldn't light a cigarette around me, but if she was already smoking, and I came over to where she was, she wouldn't do a thing to stop me from breathing in the smoke, either.

I'm accustomed to it; between friends and family smoking, I've grown used to breathing smoke. It doesn't bother me.

I myself don't smoke. That's not to say I never will.


All of this has brought me to this conclusion: Maybe it doesn't violate their constitutional right, but doesn't it violate their personal right? And isn't a violation of the duty of a parent; to raise their child correctly, and do what they can to promote health?

As a child, I wasn't comfortable around smoke. And trust me; I was a child a lot more recently than most of you.

When someone smoked around me, I didn't care about the legality. I was too busy trying to breathe, and being terrified of the risks of breathing in the smoke.

I'll admit, that's changed, now. But still--for most kids, that's how it is.

Answer 2

Well I am not sure how it violates your constitutional rights. Find me an amendment that says that you have that right.

Your civil liberties on the other hand, yes! That is really a dumb law. I am not a smoker, and I think that parents who smoke at all are not doing their children any favors, but we should be allowed to make stupid choices. There are much worse things that you can do to your child in my book than smoke in the car. Not smoking in public places is one thing, but in your own home and your own car, that is a different matter entirely. I fear that this law is the gateway law to things like - making against the law to buy your child a happy meal because it is harmful to their health.

This country is quickly becoming socialist.

Angela- His children have NO constitutional rights. Constitutional rights only apply to Voting age Citizens. Again show me in the constitution where someone has the right to not be exposed to Cigarette smoke. I hate smoking as much as the next guy. I hate standing in line somewhere where someone is smoking and I have to breath that air, but no where is the constitution does it say anything about the right to breathe clean air.

Answer 3

I think that is the most ridiculous law I have ever heard of. I heard that it was good to smoke with your kids in the car that way they will build up an immunity to second hand smoke which will actually keep them from having lung problems later in life. I say light up and be sure to keep the windows closed.

Answer 4

Excuse me but if you want to smoke, do so. But you don't have the right anywhere to put your children in an environment with second hand smoke. What's the matter with you? You should want the very best for your children. If you're stupid enough to smoke, you deserve every ticket you get. Maybe you could quit. . .and the way to do it is every time you get the urge and you will for quite a while, fight the urge and pick up a dictionary and learn how to spell and use spell check.

Answer 5

It should be your common sense telling you that altho you may have made the decision to cause yourself health problems and likely kill yourself off early, your children did not. And, as a parent, you should be trying to help your kids live a better life and be as happy and healthy as they can.

If you don't "get" this, then your common sense is lacking and you might consider putting up your kids for adoption to protect them from you. Do you really have such an addiction that the cigarette is more important than your children?

Because folks like you don't exhibit the needed common sense, the Socialists come in and legislate it for you, really irritating the rest of us who value our liberties and respect the rights of others without needing to be told to do so.

Answer 6

My mom smoked around me all my life and I couldn't do anything about it. I think it is rude and now have a hard time breathing because of growing up with her smoking around me despite doctors telling her that she needed to quit or smoke outside of the house for my health. You are selfish for smoking around anyone that you haven't asked first if it is OK. In the case of children you shouldn't smoke around them at all. Even if your children aren't home or in the car with you, you shouldn't smoke because that smoke will get into everyone's clothes and furniture and any other fabrics and is bad for a persons health even in this case.

Answer 7

CA just passed a law prohibiting smoking in cars with kids. No, it's not "constitutional rights." It's common sense. Don't expose your kids to smoke; it's VERY bad for them. And you.
Do everyone a favor, save a lot of money, and quit smoking.
I don't want to have to smell it either.

Answer 8

Wow, I've never heard of such a law. What state are you in?

If needing a smoke is just that dire, pull over into a parking lot and get out of your car to smoke. Your kids didn't ask to be here...not fair to smoke around them.

Answer 9

How about the rights of your children to inhale clean air. Next time you lean your head out the window, a car will rip your brains out.

Answer 10

You are violating your childrens constitutional rights by smoking in the car with them. The right to live.