You were smoking and ashed your cigarette out the window? I didn't realize that constitutes littering. There are millions of people ashing their cigarettes all over the country all day long. How long is it going to take to cite all of them?
It's still littering. He's lucky he did not get hit with the section for burning embers.
In my county, we get a couple of dozen fires every year on the side of the freeways that are believed to have been set by people flicking cigs and ashes out of their windows. It is both a dangerous and costly proposition.
23112. (a) No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the throwing or depositing upon any highway any bottle, can, garbage, glass, nail, offal, paper, wire, any substance likely to injure or damage traffic using the highway, or any noisome, nauseous, or offensive matter of any kind.
(b) No person shall place, deposit or dump, or cause to be placed, deposited or dumped, any rocks, refuse, garbage, or dirt in or upon any highway, including any portion of the right-of-way thereof, without the consent of the state or local agency having jurisdiction over the highway.
Simple rule - use the ashtray!