3 weeks ago I was driving down I-15 with my husband just having a regular conversation. We just got back from a movie. I was smoking a cigarette and I ashed out the window like how many of us do? Anyway all of a sudden we are getting pulled over. Well when I ashed my cherry flew off and It was dark so the cop apparently saw this. I explained to him that when I ashed it flew off and I didn't mean for me to loose the cherry. He said regardless ashing out the window is still illegal in the state of california. So....I recieved the bill in the mail today! Guess how much 571.00!! Isn't that a lil ridiculous? So should I go to court and expain this again do you think I have a chance of at least reducing the fine? I am from Minnesota and I had no idea california had such a law that you can't even ash outside. I am in the middle of the mojave dessert there isn't anything that is going to burn anyway! lol
2007-11-25 16:06:34 · 11 answers · asked by Sharibabe 2 in Politics & Government ➔ Law & Ethics
I know that it is littering even just the ashes. I believe I should get punished I just want to know if I can get the fine reduced or community service or something .
2007-11-25 16:40:59 · update #1
It is an infraction, and could have been charged as a misdemeanor. It is littering, and the judge is going to know that if you do it in the Mojave that you don't do it in town or in an area that could burn. You have an ashtray, and that is what it is for. Ashing is littering. You know that is illegal. You might go and ask for a reduction, it won't you anything but time. And be sorry for what you did, if you show attitude the judge will not lower anything but the boom.
2007-11-25 16:41:01 · answer #1 · answered by Songbyrd JPA ✡ 7 · 0⤊ 0⤋
If that is the law, from what you said, you were in violation of it. Having lived in California for 18 months, up until a couple months ago, I hadn't heard anyone actually getting a ticket for that, or that what you did was considered littering. But, like I said, if that's the law, that's the law.
The only real chance I see for fighting it is to have the oficer not show for the hearing, or to question his reason for pulling you over - in other words, was he really able to see the ash falling from the car? Then again, since you didn't know it was the law, and with dash-cameras with microphones, I'd bet there's a chance you admitted to doing it on film. So, we're back to simply hoping the officer doesn't make the hearing.
2007-11-26 00:30:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I would look into the reason for the law. If ashing is considered littering, then you really have nothing to fight even if everyone does it. If it's to prevent the starting of fires, you still don't have much chance fighting, but in the middle of the desert, maybe. Being from out of state doesn't matter, when you go somewhere new, you should be aware of the rules. ( I know, nobody looks up laws on vacation or whatever, but legally thats your responsiblity) The amount is a little steep, but similar to what most 'littering' fines are set at. You're probably gonna have to pay this one.
2007-11-26 00:15:33 · answer #3 · answered by mcq316 7 · 0⤊ 0⤋
What county are you in? San Bernardino? Due to the recent fires they are becoming more strict about what they might consider littering. However, it never hurts to present you case to the judge as long as you are polite. The worst that could happen is what already did; you have to pay a astronomical fine. If in San Bernardino just pay it, Judges in the desert tend to be on the anal side. Especially for traffic violations. You might be able to get the fine reduced. But most likely they are going to stick littering to you.
2007-11-26 00:31:29 · answer #4 · answered by Heather A 2 · 0⤊ 0⤋
It is still littering. And what if the lit end had flown in somebody else's window? It does happen.
So yes, it is ridiculous. It should be $1,000.
And, as has been pointed out, California has had billions of dollars in fire damage.
Make it $2,000!
Forest fires, brush fires, etc cause damage all over the continent, many of them caused by careless and inconsiderate smokers such as yourself. $3,000!
Edit Nov 26
You state you knew full well it was littering, and still did it? I revise my suggested fine. It should be $4,000 and a week sweeping the highway!
2007-11-26 00:30:57 · answer #5 · answered by Fred C 7 · 0⤊ 0⤋
What did you say, you lost your cherry? +D I'd love to hear more about that story, feel free to e-mail me about that one. ;)
Back to your question - if you got a $571 fine for littering (which includes ashing) in CA, you got of LIGHT. Trust me, a littering fine in CA is typically double that, from what I have heard. And unfortunately, ignorance is rarely a defensible position for breaking a law.
2007-11-26 03:53:16 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Ouch! I dont think thats like a speeding ticket where if the officer isnt here you can get off..Id just spend the night in jail for it.. Go in on a friday and they will release you right off the bat because of overbooking and give time served:P
2007-11-26 00:16:03 · answer #7 · answered by thedoors02 2 · 0⤊ 0⤋
I'll say fight it...you may only succeed in getting a reduced bill based on your income..if you act right & be apologectic.But yes..its Littering..its a fire Hazard..and of course its California...the only place where a $3.50 Cigarette can yield $571.00 in no time.
2007-11-26 01:28:59 · answer #8 · answered by Ramesses V 3 · 0⤊ 1⤋
$571 is not ridiculous, it is perfectly reasonable. If it were any less, people would keep littering and there would be all kinds of garbage on the streets. I understand your situation, but there's not much you can do about it really.
2007-11-26 01:18:00 · answer #9 · answered by Anonymous · 1⤊ 0⤋
It is illegal in Minnesota also...it is called littering.
Ignorance of the law is no excuse. Pay the ticket and use your ashtray...or even better, stop smoking.
2007-11-26 00:10:59 · answer #10 · answered by Sordenhiemer 7 · 1⤊ 0⤋