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Throwing lighted materials onto roadway

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laughfactory

Junior Member
What is the name of your state? Montana

Violation of Section #61-8-372

I'm not arguing that littering isn't wrong, bad, enviromentally unhealthy, etc. Nor am I looking to be told that smoking is bad for me and I should just quit.

The reality is that I ignorantly threw a cigarette out of the window. I guess it never really occurred to me that it was illegal, and certainly never that is $535 dollars illegal.

When I went through the list of fines for various other truly horrible/dangerous offenses, I was blown away to find that my fine for throwing a single cigarette out the window is more than double what the worst fine is for almost every other infraction.

So, I know that ignorance is no defense, and so even though it sucks I'm willing to take responsibility.

What I'm hoping to find out from the experts of FreeAdvice.com forums is whether or not there's any possibility of reducing that fine. I get the impression that the $535 is the amount I'd pay if I just went down to their office and wanted to pay for the citation.

Is there any possibility of the judge being lenient if I actually go to court and explain that I didn't know anything about my actions being illegal, promise never to do it again, and beg him to reduce the fine?

As it is, $535 is two weeks pay for me. BIG OUCH. I simply cannot afford it, but yet cannot not afford it...I'm stuck between a rock and a hard place and I'm not sure what my options are.

Is it worth calling a local lawyer about this situation? Would they be able to help get me off or reduce the ticket? It's so annoying having so many statutes and laws that most people aren't even aware of until we're blindsided by one of them. I just thought that throwing cigarettes out the window wasn't illegal because I see soooo many people do it all the time.

Any advice?

Like I said, I'm willing to take responsibility for my actions (now that I know they're illegal) but I cannot afford the cost of the citation. Help!

-Abe
 


The Occultist

Senior Member
Courts are usually more than willing to help set up a payment plan or something for those who need it.

The cost of a retaining a lawyer will be more expensive than the citation. It is only worth it to hire traffic lawyers when you're trying to get points reduced, which doesn't appear to be the situation here.

The fact is, you have no legal basis for getting a fine reduction; this law is pretty cut and dry: if you litter, you pay the fine. The only people who can waive (probably won't happen) or reduce (could happen) the fine are those you will meet in the courtroom. You can try talking to them about it and maybe something can be worked out. For a littering fine, I've known judges to be more than willing to substitute community service in lieu of the fee. Talk and see what happens. And if worse comes to worse, take advantage of the installment plan from the court.

Oh, and yes, littering is bad, and smoking is hazardous to your health! ;)
 

xylene

Senior Member
laughfactory said:
I'm not arguing that littering isn't wrong, bad, enviromentally unhealthy, etc. Nor am I looking to be told that smoking is bad for me and I should just quit.
The high fine refelcts the potenial devestation from cigarette sparked wildfires.
 

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