Person ticketed $100 in Va. Beach for smoking with kid in car

Posted at 11:45 AM, May 10, 2018
and last updated 2018-05-10 14:16:11-04

VIRGINIA BEACH, Va. – One person in Virginia Beach was ticketed a $100 for allegedly smoking while a kid was in the car with them.

According to the citation that was tweeted by the Virginia Beach Police Department, the violation occurred on May 7 and happened around 8:30 a.m. that Monday morning.

The official charge given on the citation was Smoking In Vehicle With A Minor Present.

According to the Code of Virginia, the violation is a secondary offense, meaning you must have been pulled over for a motor vehicle violation or other criminal statute in order to be cited. The law went into effect in 2013.

The law reads as follows:

§ 46.2-810.1. Smoking in vehicle with a minor present; civil penalty.

A. For the purposes of this section, “smoke” means to carry or hold any lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or to light or inhale or exhale smoke from a pipe, cigar, or cigarette of any kind or any other lighted smoking equipment.

B. It is unlawful for a person to smoke in a motor vehicle, whether in motion or at rest, when a minor under the age of eight is present in the motor vehicle. A violation of this section is punishable by a civil penalty of $100 to be paid into the state treasury and credited to the Literary Fund. No demerit points shall be assigned under Article 19 (§ 46.2-489 et seq.) of Chapter 3 and no court costs shall be assessed for a violation of this section. A violation of this section may be charged on the uniform traffic summons form.

C. No citation for a violation of this section shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute.

2016, c. 515.

No further details were released about the incident.