+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 18
  1. #1
    PeterJ Guest

    How to fight cigarette throwing ticket in California?

    What is the name of your state? California

    I got a citation for throwing a lighted cigarette onto a street from my car (CVC 23111) for dropping the unlit cigarette filter onto the the roadway while stopped at an intersection. My son was with me in the car and he saw that I really dropped the filter by accident (I had my hand outside of the car and the cop was right behind me). I already went to court and pleaded not guilty (the fine is 281 while even severe traffic violations like speeding and redlight are half of it). Do I have any chance of beating this ticket or should I just rollover and cough up the money before the trial starts? Can the court increase my fine just because the case goes to trial or will the initial fee still stand? I assume I have very little or none chance to win this... Am I correct?
  2. #2
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,918

    Re: How to fight cigarette throwing ticket in California?

    [QUOTE]Originally posted by PeterJ
    [B]What is the name of your state? California

    I got a citation for throwing a lighted cigarette onto a street from my car (CVC 23111) for dropping the unlit cigarette filter onto the the roadway while stopped at an intersection. My son was with me in the car and he saw that I really dropped the filter by accident (I had my hand outside of the car and the cop was right behind me). I already went to court and pleaded not guilty (the fine is 281 while even severe traffic violations like speeding and redlight are half of it). Do I have any chance of beating this ticket or should I just rollover and cough up the money before the trial starts?

    **A: yes, cough up the money. It's a lot better than coughing due to a nicotine fit or lung cancer.
    ************

    Can the court increase my fine just because the case goes to trial or will the initial fee still stand? I assume I have very little or none chance to win this... Am I correct?

    **A: you were guilty of the charge.
    And that's why it pays to quit smoking.
  3. #3
    PeterJ Guest

    Re: Re: How to fight cigarette throwing ticket in California?

    [QUOTE]Originally posted by HomeGuru
    [B]
    Originally posted by PeterJ
    What is the name of your state? California

    I got a citation for throwing a lighted cigarette onto a street from my car (CVC 23111) for dropping the unlit cigarette filter onto the the roadway while stopped at an intersection. My son was with me in the car and he saw that I really dropped the filter by accident (I had my hand outside of the car and the cop was right behind me). I already went to court and pleaded not guilty (the fine is 281 while even severe traffic violations like speeding and redlight are half of it). Do I have any chance of beating this ticket or should I just rollover and cough up the money before the trial starts?

    **A: yes, cough up the money. It's a lot better than coughing due to a nicotine fit or lung cancer.
    ************

    Can the court increase my fine just because the case goes to trial or will the initial fee still stand? I assume I have very little or none chance to win this... Am I correct?

    **A: you were guilty of the charge.
    And that's why it pays to quit smoking.
    You are just as enlightening as a burnt out light bulb... If the surgeon general job becomes available, you should run for the office... Seems like you may have a chance... Anyway, thanks for the advice but thanks and no thanks... I am asking for a legal advice not health advice... But then again you seem so biased that you cannot tell a difference... And I am not guilty until sentenced... Keep your advice bud...
  4. #4
    stephenk is offline Senior Member
    Join Date
    Oct 2001
    Location
    california
    Posts
    7,790
    did you ask if you could go to traffic school?

    It looks like a loser case since the officer witnessed the act and you arent denying the act. You can try and argue it was an accident but that is a thin defense. you could also argue the filter was not lit and therefore you were charged under the wrong statute. Maybe it can be reduced to littering.

    The court can increase the fine and include court costs for having the trial.
  5. #5
    PeterJ Guest
    Originally posted by stephenk
    did you ask if you could go to traffic school?

    It looks like a loser case since the officer witnessed the act and you arent denying the act. You can try and argue it was an accident but that is a thin defense. you could also argue the filter was not lit and therefore you were charged under the wrong statute. Maybe it can be reduced to littering.

    The court can increase the fine and include court costs for having the trial.
    Well, I actually did not admit anything yet... I pleaded not guilty and scheduled the trial. I do have a problem with my arm and my hand does go numb from time to time (all of this I just got documented by my doctor). I would like to go to court and explain that I did not do it intentionally and the cigarette fell down accidentally instead of me throwing it... My son was in the car with me and will testify that I did not throw anything...
  6. #6
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
    Posts
    38,165
    Below is what I said in another post to another n'er-do-well. You reminded me of the other writer and of my response when you said, "I pleaded not guilty and scheduled the trial. I do have a problem with my arm and my hand does go numb from time to time (all of this I just got documented by my doctor)."

    My point being is that everyone has a problem, or an excuse, or some mental or physical malady that should excuse them from their responsibilities for having violated the law - - and your posts are perfect examples of my theory. You're just looking for "a way out" and you're no better than the other writer. Take responsibility.


    OTHER RESPONSE - -

    My response:

    No.

    Why is it, do you think, everyone who gets into trouble has some sort of "depression" or other physical or mental malady? All of a sudden, criminals and other n'er-do-wells immediately become "afflicted" or "find God" in order to sidestep their lawful duties and responsibilities as citizens?

    The court has heard this kind of crap at least a million times before - - you're not unique, and it didn't work in those cases, and it certainly won't work for you.

    Take responsibility for your life and the things you do. Stop blaming other things and other people for what you do. Ultimately, when you break the law, it's comes down to you.

    IAAL
  7. #7
    PeterJ Guest
    Originally posted by I AM ALWAYS LIABLE
    Below is what I said in another post to another n'er-do-well. You reminded me of the other writer and of my response when you said, "I pleaded not guilty and scheduled the trial. I do have a problem with my arm and my hand does go numb from time to time (all of this I just got documented by my doctor)."

    My point being is that everyone has a problem, or an excuse, or some mental or physical malady that should excuse them from their responsibilities for having violated the law - - and your posts are perfect examples of my theory. You're just looking for "a way out" and you're no better than the other writer. Take responsibility.


    OTHER RESPONSE - -

    My response:

    No.

    Why is it, do you think, everyone who gets into trouble has some sort of "depression" or other physical or mental malady? All of a sudden, criminals and other n'er-do-wells immediately become "afflicted" or "find God" in order to sidestep their lawful duties and responsibilities as citizens?

    The court has heard this kind of crap at least a million times before - - you're not unique, and it didn't work in those cases, and it certainly won't work for you.

    Take responsibility for your life and the things you do. Stop blaming other things and other people for what you do. Ultimately, when you break the law, it's comes down to you.

    IAAL
    I think I have had enough of this B.S., you guys are worse than the District Attorney... This is not a forum, this is a freaking Inquisition court... Take responsibility for what you moron? For discharging a gun or dropping a cigarette filter? When my alternative is paying 280 bucks and doing 8 hours of community service while others commit way more serious offenses like speeding and wreckless driving get away with a BS fine and traffic school? I think you all are out of your minds... What a bunch of morons... Taking a responsobility and having the punishment fitting the crime are two complete different things... If none of you see this, go and get screwed... I have enough of my own brain to figure this one out... Unlike you, I will stand up for my constitutional rights instead of giving in... You all are nauseating whiners and conformists...
  8. #8
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
    Posts
    38,165
    My response:

    So, if I understand you correctly, you're not going to take responsibility for the things you do in life, because there's always someone else doing something worse?

    Okay, then by all means, use the "numb arm and hand" excuse as your defense. Hey, there's a first time for everything - - why not this "numb" excuse?

    IAAL
  9. #9
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,918
    Hahaha. I do not have anything against smoking but I do have a problem with littering on a public roadway.
    The writer is a butthead.
    Last edited by HomeGuru; 11-08-2002 at 10:43 AM.
  10. #10
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
    Posts
    38,165
    TOP 10 Reasons You Can Tell a Judge Why You Shouldn't Pay Your Traffic Tickets - -

    NUMBER 10: "My hair was too spiky to fit in my helmet."

    NUMBER 9: "Just wanted to get home faster so I could watch "X Files".

    NUMBER 8: "Your honor, I was gooned on Nyquil."

    NUMBER 7: "Your honor, I'm just too damn stupid to read the Driver's Manual."

    NUMBER 6: "Instead of a license suspension, couldn't you just kick me in the groin?"

    NUMBER 5: "Your honor, that smooth-talkin' hillbilly cop got me hornswoggled."

    NUMBER 4: "Who can concentrate on drivin' when Jerry Springer's on?"

    NUMBER 3: "Excuse me, your honor, but are you wearing 'Windsong' by Prince Matchabelli?"

    NUMBER 2: "Your honor, I didn't know I was speedin' because when the jackhammer brakes down, they use me!"

    AND, the NUMBER ONE Reason You Can Tell a Judge Why You Shouldn't Pay Your Traffic Tickets - -

    When the court bailiff looks at your ticket, he says, "Oh, yes, sit right there in the loser section".

    IAAL
  11. #11
    dlburke is offline Junior Member
    Join Date
    Jul 2008
    Posts
    1

    Citation for cvc 23111

    I was waiting at a signal and the officer was waiting at an adjacent signal. I was holding my cigarette out my window. I was trying to prevent the smoke from going into my car. I did not let it go. My light turned green and I made my left turn onto the boulevard, holding it the hole time. I pulled up to the next signal waiting for the light. I noticed in my rear view mirror the officer had made a u turn and was behind me with his lights on. The light turned green and I made a right turn and pulled over. I was surprised I couldn't imagine what I had done wrong. I hadn't had a traffic ticket in seven years. He walked up to me and I asked him why did he pull me over. He said you don't know. I said know I don't. He said it's against the law to flick your ashes from your cigarette outside of the car. I said I wasn't flicking my ashes outside of the car. I was holding my cigarette outside my car so the smoke doesn't get in my car. While we are having this conversation I'm still holding my cigarette out my window. He then ask me if I've ever been arrested before and am I on probation. I answered his questions. He then asked for my drivers license,insurance and registration. I still have cigarette in my hand and reach for my empty water bottle, glanced at him to let him know I was complying with his request. I opened the cap and put the butt inside, screwed the cap back on so no smoke fumes get in my car and put it back in my cup holder. Then I looked back and told him that I have to look through my vehicle manuals in the glove box because I hide my documents inside one them so it's not so easy for a thief to find them. Browsing through the pages I finally located them. I pulled away from the glove box bumping my elbow on the water bottle. I picked it up checking to make sure the cap was tight and set it back down in cup holder. I handed him my documents, it seamed like 30 minutes had went by. He walked back asked me to sign the ticket and told me to have a nice evening. I said thank you and I sure will. My citation reads 23111 CVC "LIGHTED SUBSTANCE".
  12. #12
    PJ Weber is offline Member
    Join Date
    Aug 2007
    Location
    California - South
    Posts
    324
    Please start your own thread instead of digging up one that is almost six years old
  13. #13
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,337
    Dlburke,

    Please start your own thread if you have a question ... though, I did not read a question in your post.

    Plus, this thread is 7 1/2 years old.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  14. #14
    JIMinCA is offline Member
    Join Date
    Nov 2007
    Posts
    925
    I can't wait to see the Trolls attack this one...
  15. #15
    Nickskter is offline Junior Member
    Join Date
    Jul 2008
    Posts
    25
    Quote Originally Posted by dlburke View Post
    I was waiting at a signal and the officer was waiting at an adjacent signal. I was holding my cigarette out my window. I was trying to prevent the smoke from going into my car. I did not let it go. My light turned green and I made my left turn onto the boulevard, holding it the hole time. I pulled up to the next signal waiting for the light. I noticed in my rear view mirror the officer had made a u turn and was behind me with his lights on. The light turned green and I made a right turn and pulled over. I was surprised I couldn't imagine what I had done wrong. I hadn't had a traffic ticket in seven years. He walked up to me and I asked him why did he pull me over. He said you don't know. I said know I don't. He said it's against the law to flick your ashes from your cigarette outside of the car. I said I wasn't flicking my ashes outside of the car. I was holding my cigarette outside my car so the smoke doesn't get in my car. While we are having this conversation I'm still holding my cigarette out my window. He then ask me if I've ever been arrested before and am I on probation. I answered his questions. He then asked for my drivers license,insurance and registration. I still have cigarette in my hand and reach for my empty water bottle, glanced at him to let him know I was complying with his request. I opened the cap and put the butt inside, screwed the cap back on so no smoke fumes get in my car and put it back in my cup holder. Then I looked back and told him that I have to look through my vehicle manuals in the glove box because I hide my documents inside one them so it's not so easy for a thief to find them. Browsing through the pages I finally located them. I pulled away from the glove box bumping my elbow on the water bottle. I picked it up checking to make sure the cap was tight and set it back down in cup holder. I handed him my documents, it seamed like 30 minutes had went by. He walked back asked me to sign the ticket and told me to have a nice evening. I said thank you and I sure will. My citation reads 23111 CVC "LIGHTED SUBSTANCE".
    Interesting, illegal to flip ashes out the window? Not familiar with CA laws at all but that one seems a little harsh. I could understand if you strips the burning ember off your cigarette onto the ground.

    I looked up 23111 CVC. Since it specificly states lighted or unlighted cigarettes. You may have a chance in court, if you can get the officer to admit or show by his report that the citation was issued for flipping ashes. Contact a lawyer, find resources on filling for the officers record of the citation or contact a legal service and see what they would charge to file the paperwork for you.

    If you flipped the burning end off the cigarette, even unintentionally, you don't have a leg to stand on. The CVC states glowing substance, the burning ember on the end of the cigarette can easily be considered a glowing substance.

    Good Luck,
    Nick

    P.S. Can't the rest of you simply answer the question instead of prepetuating the issue of digging up an old thread? If you ask me it cuts down on the number of threads that all say the same thing.
    Last edited by Nickskter; 07-26-2008 at 06:43 PM.

Similar Threads

  1. Should I fight a red light camera ticket. California
    By Tallan in forum Speeding and Other Moving Violations
    Replies: 9
    Last Post: 10-04-2011, 05:43 PM
  2. Accused of 23111 VC - Throwing Lit Cigarette out of Moving vehicle
    By agnl in forum Drunk Driving / DUI / DWI
    Replies: 2
    Last Post: 06-03-2011, 02:31 AM
  3. throwing cigarette ash from the window
    By prerit2k in forum Parking Tickets and Non-Moving Violations
    Replies: 14
    Last Post: 02-14-2010, 08:45 PM
  4. Ticket for throwing a lit cigarette out the window
    By blackberryaddic in forum Speeding and Other Moving Violations
    Replies: 35
    Last Post: 08-25-2009, 09:49 PM
  5. What will happen for a ticket that was for throwing a cigarette out of the car?
    By ranchitogal in forum Parking Tickets and Non-Moving Violations
    Replies: 2
    Last Post: 01-22-2008, 11:04 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.