Vapers Could Get Ticketed For Vaping While Driving

Klaus Kneale
by Klaus Kneale
32 Comments
March 23, 2014

trafficA New Yorker was recently pulled over and given a ticket for using an electronic cigarette while driving.  Could this really be the next big fight that vapers face in defending their right to vape?

As the story goes, Jason Dewing is using an electronic cigarette while on the road.  He gets pulled over and is given a ticket for using a portable electronic device while driving — which in New York is illegal, but normally constitutes use of a cell phone.  The story gets a little weirder though.  Initially the ticket cited a cell phone as the device Dewing was using, but the court still ruled against Dewing for using an electronic cigarette while driving under the same law.  After the ruling however, the judge found out that electronic cigarettes were not defined as portable electronic devices for the purposes of that law and admitted that had he known before the ruling, he would have dismissed the ticket.  Now Dewing has to appeal — but it sound likely to succeed.   In short, the word of the law was stretched a bit to include Dewing’s electronic cigarette within this realm of ticketable offenses.

While an electronic cigarette is certainly a portable electronic device, the law lists those portable devices which it is intended to discourage use of while driving.  This includes cell phones, PDAs, laptops, pagers, electronic games, and a few more specifically listed devices.  The common thread tends to be that these devices require more than minimal attention to operate.  Without particular inclusion of electronic cigarettes within this law, many argue the ticket is bunk.

If the definition is taken too loosely in order to include electronic cigarettes, then even car stereos, police radios, and wrist watches could count as portable electronic devices which should not be operated while driving.  Given that electronic cigarette in normal use require nothing more than a draw or single button press, it’s hard to argue they normally distract to the degree necessary to require police action.

110609_beshear_blog_apHowever, it would not be surprising to see state legislators pursue this kind of extension of the law — to make vaping while driving illegal.  The arguments would likely fall on how much more complex e-cig use is than smoking (lest they have to ban smoking while driving too), that e-cig use (like smoking) should be discouraged anyway, that kids in other cars might see it and think it’s okay to do (Oh my god, the kids!), and even that vapor (despite vanishing entirely in seconds) might obstruct a driver’s view.

None of these arguments seem like they’ll stand up too well under scrutiny, but it doesn’t mean they won’t be made.  Especially in places like New York which seem willing to put up with nanny legislation.  And really, it only takes one traffic accident in which a single electronic cigarette is found in one of the vehicles for people to start claiming that it’s proof vapers are distracted drivers.  This is no different than claiming that a violent kid was clearly influenced by his violent video games when 99% of the kids out there with violent video games don’t act violent at all.

Still, we hope all you vapers out there drive safe.

Comments

32 Responses to “Vapers Could Get Ticketed For Vaping While Driving”

      slap_maxwell on March 23rd, 2014 1:47 pm

      Idiot politicians rarely consider fully the folly their l was usually are or will become, when to the rest of us the potential for abuse is high. But maybe that’s the point. Craft as many vague laws as possible so that we may all be likely to fall afoul of at least a dozen throughout the course of a normal day.

      And then the jackboots come crashing in. ‘Murica!

        Pernicious on March 26th, 2014 12:41 pm

        To play Devils advocate, a ban on vaping whilst driving isn’t as silly as most their arguments.
        When driving, both hands should be free.

        Of course, same thing then goes for cigarettes, and soda bottles etc.

          Talahamut on March 28th, 2014 5:15 pm

          Of course, the cop claimed he “thought” the driver was using a cell phone. But then it was up to the driver to prove in court that he wasn’t, which luckily he was able to do successfully with phone records showing his last call was a period of time before the citation.

            Donna Davis on March 28th, 2014 7:55 pm

            My 2-year vaping anniversary is next week & switching to vape-while-driving from analogs was the first thing I did. No more flicking ash out the window or putting butts in the ashtray. Just an ecig rig on a lanyard (that can & has been let go of in a “holy crap! Idiot Alert!” moment. Which option is better/safer? God, I hope Nevada keeps it’s relatively sensible view on ecigs!

              JC on May 14th, 2014 5:54 am

              If this is going to be the case, police officers engaged in the use of radios, computers, ect. should also be charged, and fined accordingly. Just because someone wears a badge does not give them the justification to circumvent the laws they are enforcing against the citizens.

                bitcoin faucet free on June 26th, 2014 12:48 pm

                My coder is trying to convince me to move to .net from PHP.
                I have always disliked the idea because of the expenses.
                But he’s tryiong none the less. I’ve been using Movable-type on several
                websites for about a year and am nervous about
                switching to another platform. I have heard good things about blogengine.net.
                Is there a way I can import all my wordpress posts into
                it? Any kind of help would be greatly appreciated!

                  ทัวร์ฮ่องกง on June 27th, 2014 1:02 pm

                  Wonderful beat ! I wish to apprentice while you
                  amend your site, how can i subscribe for a blog website?
                  The account aided me a acceptable deal. I had been a little bit
                  acquainted of this your broadcast offered bright clear concept

                    ทัวร์พม่า on June 27th, 2014 11:43 pm

                    My brother recommended I might like this web site. He was entirely right.
                    This post actually made my day. You cann’t imagine simply how much time I
                    had spent for this information! Thanks!

                      ทัวร์พม่า on June 28th, 2014 11:28 pm

                      Since the admin of this web page is working, no question very quickly it will be well-known, due to its feature contents.

                        fifa 14 hack ios no download on June 29th, 2014 12:35 am

                        This paragraph will help the internet people for setting up new blog or even a weblog from start to end.

                          Kathy on June 30th, 2014 3:29 am

                          all the time i used to read smaller articles or reviews that as well clear their
                          motive, and that is also happening with this post which I am reading now.

                            Son on July 12th, 2014 10:17 am

                            Hi, I think your site mightt be having browser compatibility issues.
                            When I look at your blog iin Safari, it looks fine
                            but when opening in Internet Explorer, it has som overlapping.
                            I just wanted to give you a quick heads up! Other then that, superb blog!

                              Click Here for TNPB.com Documentaries on August 7th, 2014 6:12 pm

                              Very shortly this website will be famous amid all blogging users, due to it’s
                              pleasant posts

                                t-mobile in hoffman estates on August 8th, 2014 9:11 pm

                                hi!,I love your writing very so much! share we communicate more about your article
                                on AOL? I require a specialist in this area to unravel my problem.

                                Maybe that is you! Having a look ahead to peer
                                you.

                                  drag racing android cheats on August 11th, 2014 4:39 am

                                  Pretty! This has been an extremely wonderful article.
                                  Thanks for providing this information.

                                  Here is my web-site … drag racing android cheats

                                    mobile sex on August 11th, 2014 5:05 am

                                    WOW jսst ѡhat I was searching fߋr. Came here by
                                    searching foг free porn alexis love creamed pie

                                      Virgil on August 11th, 2014 6:20 am

                                      I have to thank you for the efforts you’ve put in writing this site.
                                      I am hoping to check out the same high-grade content by you later on as well.
                                      In fact, your creative writing abilities has encouraged
                                      me to get my very own blog now ;)

                                        wordpress themes free trial on August 14th, 2014 4:11 am

                                        This child typically goes through life feeling dependent on constant validation from others,
                                        because he’s lacked the parental supplies of affection and praise, from which
                                        he would have learned to self-validate. There is nothing wrong with that;
                                        however, well known universities rarely offer this kind of deal.
                                        Taiwan is a special camera, to determine very fast, just.

                                          agen bola tangkas on August 16th, 2014 1:08 am

                                          If you have an election related issue you’d like to see explored, please let me
                                          know. What do you believe have been the obstacles to
                                          reaching your healthy goals. There is also a trend of many college students running up debts on sports betting.

                                            www.brown24.eu on August 17th, 2014 8:32 am

                                            Attractive section of content. I just stumbled upon your weblog and in accession capital to assert
                                            that I acquire actually enjoyed account your blog posts.
                                            Any way I’ll be subscribing to your feeds and even I achievement you
                                            access consistently rapidly.

                                              skin rash on August 17th, 2014 1:42 pm

                                              I go to see every day some websites and information sites to read articles or reviews, however this web site provides quality based writing.

                                              Here is my blog post; skin rash

                                                feminizovaná semena konopí on August 18th, 2014 6:39 am

                                                Pěkný poštou. byl jsem trvale to weblog a já
                                                inspirován! Velmi užitečné info specificky Zbývající část
                                                :) I péče k jako info hodně. Býval jsem hledání jistou info pro velmi dlouhý
                                                dlouhou dobu. Díky a štěstí

                                                  is.gd on August 18th, 2014 1:46 pm

                                                  I needed to thank you forr this wonderful read!!

                                                  I certainly loved every bit of it. I have got you bookmarked to check oout new stuff you post…

                                                  Check out my webpage: anatomy of hatha yoga [is.gd]

                                                    www.ministryofcannabis.com on August 20th, 2014 6:00 am

                                                    Es ist die beste Zeit, um eiknige Pläne für die Zukunft zu machen und ess ist es ist Zeit, glücklich zu sein. Ich habe lesen Sie diesen Beitrag und wenn ich könnte,
                                                    möchten einige interessante Dinge oder Tipps.
                                                    Vielleicht Sie könnte schreiben nächsten Artikel, die sich auf diesen Artikel.
                                                    I wollen noch Dinge über sie!
                                                    Ich bin neugierig zu erfahren, was Blog-System Sie Nutzung?
                                                    Ich bin small Themen mit meinem neuesten blog und Ich würde Ich würde gerne etwas mehr zu finden gesichert.
                                                    Haben Sie Vorschläge? und mit
                                                    Wow Hurra, das ist, was ich auf der Suche suche
                                                    für die Erkundung, was für ein Daten! bestehenden website
                                                    dank Admin dieser Website Web-Seite. Website ‘s Post regelmäßig aktualisiert werden
                                                    Was ist los für alle, wie ist alle, ich denke, jeder wird immer mehr von diesem web page, und Ihre Ansichten sind good zugunsten Zuschauer.
                                                    für Blog, ich Ihnen von
                                                    Hallo Ich bin so dankbar, aufgeregt , während ich die Erforschung Suche Aol für Blog,
                                                    ich Ihnen von
                                                    Danke, ich Suchen info Etwa für eine Weile, und dein ist
                                                    das beste Ich habe herausgefunden, kam auf bisher Allerdings Aber, was über die
                                                    Bezüglich der bottom line? Sind Sie sicher, dass Bestimmte Bezüglich der Versorgung?

                                                      iphone repair palatine on August 20th, 2014 11:34 am

                                                      Today, I went to the beachfront with my kids.
                                                      I found a sea shell and gave it to my 4 year old daughter and said
                                                      “You can hear the ocean if you put this to your ear.”
                                                      She put the shell to her ear and screamed. There was a hermit crab
                                                      inside and it pinched her ear. She never wants to go back!

                                                      LoL I know this is entirely off topic but I had to tell someone!

                                                        clip sex on August 21st, 2014 4:19 am

                                                        Hey! I could have sworn I’ve been to this website before but after browsing through some of
                                                        the post I realized it’s new to me. Anyhow, I’m
                                                        definitely happy I found it and I’ll be book-marking and checking back often!

                                                          ou acheter medicaments en ligne on August 22nd, 2014 1:08 am

                                                          Howdy! Do you know if they make any plugins to safeguard against hackers?
                                                          I’m kinda paranoid about losing everything I’ve worked hard on. Any recommendations?

                                                          My blog post ou acheter medicaments en ligne

                                                            Smartphone Android Nokia Harga Terbaru on August 22nd, 2014 9:58 pm

                                                            This Karbonn mobile has been equipped with multiple audio video player like MP3, WMA, MP4 & 3GP that gets you pleasing experience of your favourite music stuff or audio tracks.
                                                            Google and Apple PC today’s era of competition and competition from Apple and Microsoft, is quite similar.

                                                            The i – Phone 4 dimensions differs slightly in weight plus the
                                                            depth is considerably thinner than that with the DROID
                                                            incredible.

                                                              Sports on August 23rd, 2014 8:21 pm

                                                              Really when someone doesn’t know afterward its up
                                                              to other visitors that they will help, so here it happens.

                                                                bancos de semillas de marihuana feminizadas on August 25th, 2014 6:50 am

                                                                Un motivador es definitivamente vale la pena comentario.
                                                                Creo que usted debe publicar Conocer esto tema , puede
                                                                no ser un tabú subject típicamente gente no hablar estas
                                                                temas . Para la próxima! Saludos cordiales !!

                                                                  industrial inventory management services on August 26th, 2014 4:58 am

                                                                  Our accuracy and data precision proves beneficial in ters
                                                                  of pricing and time anagement that assist the consultants in meeting
                                                                  their objectives in a cost-effective and timely manner. s more,
                                                                  since it operates on low pressure and temperature, there are no isks or tensions.

                                                                  You need too consider the number of employees in that zone and the logistics of the
                                                                  zone.

                                                                  Look into my web-site; industrial inventory management services

                                                                    path of exile cheats on August 27th, 2014 9:59 am

                                                                    What’s up friends, its wonderful article about teachingand fully explained, keep it up all the
                                                                    time.

Feel free to leave a comment...
and oh, if you want a pic to show with your comment, go get a gravatar!





* Email
* = Required Field
Email Marketing You Can Trust
57 queries in 0.614