Child + Cigarette + Car = Crime
Posted on April 23, 2008
Filed Under Law, misdemeanor |
California is the third state to make it a crime to smoke in your car when a minor is a passenger. Championed by Senator Jenny Oropeza, a cancer survivor, the law was passed as a cancer-prevention measure to protect children from second-hand smoke. It went into effect on January 1, 2008. “The long-term health benefits from this new law can only be positive for the well-being of our children,” Oropeza said. “Reducing disease, from asthma to lung cancer, simply is the right thing to do.” Oropeza was also the driving force behind the 2007 California law banning smoking in common areas such as lounges, lobbies, elevators and restrooms.
The relatively new infraction fines drivers and passengers up to $100 if cited for smoking in a car with a person aged 17 or younger. In California, infractions are criminal offenses that are punishable by a fine but no jail time. Infractions differ from misdemeanor crimes in their degree of seriousness. Punishment for a misdemeanor can include jail time of less than 1 year and fines up to $1,000.
When charged with an infraction, most people pay the fine if they’re guilty. However, if you are innocent of the charge, it may be wise to hire an attorney to protect your interests, particularly if the potential fine is substantial. When charged with traffic violations, self-represented individuals pay higher fines and seldom manage to get the charges dropped. Attorney representation often results in dropped or lesser charges and lower fines.
Misdemeanor charges can result in jail time and a criminal record which can have lifelong consequences. Most employers refuse to hire people with criminal records. Misdemeanors are likely to show up on background checks requested by a potential employer, rental agent, loan officer or credit company. If you are charged with a misdemeanor, an attorney can often get the charges reduced, obtain alternate sentencing or even expunge (erase) records.
Comments
Leave a Reply