Is smoking in a car with children illegal in Virginia?

Full question:

Is it illegal to smoke in a car with children present?

  • Category: Smoking
  • Subcategory: in Cars
  • Date:
  • State: Virginia

Answer:

In Virginia, it is illegal to smoke in a car when a minor under the age of eight is present. This law applies whether the vehicle is moving or parked. If someone violates this law, they face a civil penalty of $100, which goes to the state treasury and is credited to the Literary Fund. Importantly, no demerit points or court costs are associated with this violation.

A citation can only be issued if the officer has stopped or arrested the driver for another traffic violation or criminal offense.

Cite as Va. Code § 46.2-112.1

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Virginia, it is illegal to smoke in a car with a child under the age of eight present. This law applies regardless of whether the vehicle is moving or parked. Violating this law can result in a civil penalty of $100. Always check local laws for any updates or changes.