Need a Cop's Advice

A friends of mine was just pulled over in a school zone for smoking. The man was on a public street, in his own car, alone, windows up, and he gets pulled over because he's smoking a tobacco product in a "school zone." Now I understand the signs that say "no drugs, no guns, no tobacco" on school property. I support the idea of keeping all three products off of school grounds, but the school does not own a public road.

If he takes this to court, does he stand a chance of winning? I'd like to hear from police officers and/or anyone familiar with the law here.

What state are you from (assuming you live in the US due to the "no guns" sign )

There are state bans and locality bans (ie a specific city/municoality within the state).
A lot ban smoking on school grounds, and may have a say (100ft) from school grounds clause.

There is some info here.
en.wikipedia.org...

But the best would be to contact your city hall or government branch and ask about the smoking laws there.

reply to post by Vardoger


I live in Washington state.

Washington

Statewide smoking ban: On December 8, 2005, after ratification by a majority of Washington voters in a statewide initiative referendum, an amendment to Washington's 1985 Clean Indoor Air Act became effective banning smoking statewide in all public places and places of employment in Washington (except 25% of hotel/motel rooms),[348] as well as within 25 feet (7.6 m) of doors, windows, or ventilation intakes to such places
[349] The act exempts private enclosed workplaces[350] and private residences except when being used to provide licensed childcare, foster care, adult care, or other similar social service care.[351] Washington does not provide exemptions for tobacconists or businesses whose sole purpose is to provide an environment for smoking (e.g. hookah lounges, cigar bars). Local governments may regulate smoking more stringently than the act,[350] and local health boards are authorized to enforce the act locally.[352] Mason County, banned in all enclosed workplaces, including bars and restaurants[4]

From the link I added to my previous post. Looks like you'll have to contact your local Gov or hope for a cop familiar with the laws in the specific area.

Oh and if you do call.
Don't tell them the story as they may side with the police.

Just ask them what the laws are regarding smoking in the area.

reply to post by 0cryptic0truth0


I highly doubt your friend will have a problem, I'm no police officer but think about it. Could be wrong though...

Cool. Thanks for your help.

As a cop (from Louisiana) I say go to the local police department that issued the citation and talk to the captian or chief about it. I personally dont see how that can be legal. But i dont put anything past the new communist USA. here we have some really stupid laws also. Luckily as the police i get to choose which i will actively enforce! They have the law here that you cant smoke in your car if there is a child in the vehicle under the age of 13 (I think thats the age). when did it become MY duty to tell you how to raise YOUR child. do i think its a good idea to smoke with them in the car? no i do not and tyr not to smoke in the car when my kids are with me. But i do no think that is the police officer's job. People need to stop getting in everyones business and unless they are actively being endangered, I.E. Drinking and driving, then i dont see how it is my job to interfere!

I was caught on school grounds smoking, it was a 7 dollar ticket. (in 1995 anyway) Assuming its still around that price and not outrageously high, just tell him to pay it. Courts hate when you fight things and will most likely screw ya more if you fight it. But on the other hand, I know a lot has to do with principal, so if they were in the wrong, I can understand the frustration.


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Originally posted by sempulPeople need to stop getting in everyones business and unless they are actively being endangered, I.E. Drinking and driving, then i dont see how it is my job to interfere!

I could not agree more. I think a lot of laws are just too invasive, but as a citizen there isn't much I can do about it. I can complain and write letters to my representatives, but my chances of being heard are pretty much non-existent.

reply to post by 0cryptic0truth0


If he was in a school ZONE then it doesn't matter much if he was physically on the property or not. If the sign says no tobacco in the school zone and he gets caught smoking in the school zone, he's going to get a ticket. The fact that his windows were up mean nothing at all. That's like saying he was smoking crack in his car...... but his windows were up. If anything, it was a boneheaded move on his part because if you leave your windows up you're making it more obvious because the smoke has nowhere to go and can be more easily seen.

A john pulls up along a sidewalk where some ladies of the night are. One of them walks over to the car and starts talking to the john. While this is happening, Johnny addict is casually walking down the sidewalk, right behind the hooker and the john, casually smoking a crack pipe the way people smoke cigarettes. The pipe is about as long as a cigarette, has some white tape wrapped around it, and from a distance, looks like a cigarette. While this is going on an unmarked police car is sitting 1 block away watching the hooker, john transact business and Johhny addict passing by smoking a "cigarette". The hooker gets in the car, it pulls away, and 1 block later they get arrested. Meanwhile, Johnny addict is also one block away, still puffing away on his crack pipe in public not being noticed by anyone.

If you want to get away with something, be discreet about it. Your friend obviously wasn't

This may not seem like a big deal to you, kind of petty even, and it seems like a minor infraction to me as well. Sounds to me like the cop who gave your friend a ticket was having a slow day. Can he get off if he takes it to court? Hard to say. Depends on what type of school it was, elementary or high, whether they get a lot of federal funding or not and, sad to say, but what kind of neighborhood it's in. And if it's the right kind of school, it might even be a federal offense.

Why would he take something like this to court anyway? Chances are he's going to annoy people with this "stand" that he's making against the system, the judge included, and the judge will impose the fine on your friend anyway. The judge may see things your way, that it's a petty offense, but simply by showing up and wasting the judges time, the judge will impose the fine, plus court costs, because your friend annoyed him by being a dweeb about it.

Don't laugh. Judges do that from time to time.

.

This is some of the craziest most Gestapo like crap I've ever heard of. And yet, there is nothing but cheerleading for stopping the evil smoker.

Tell me again how you don't live in a police state. Keep telling yourself that.

Originally posted by 0cryptic0truth0
A friends of mine was just pulled over in a school zone for smoking. The man was on a public street, in his own car, alone, windows up, and he gets pulled over because he's smoking a tobacco product in a "school zone." Now I understand the signs that say "no drugs, no guns, no tobacco" on school property. I support the idea of keeping all three products off of school grounds, but the school does not own a public road.

If he takes this to court, does he stand a chance of winning? I'd like to hear from police officers and/or anyone familiar with the law here.

Please site the statute number listed on the ticket.