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  1. #1
    Cherripie is offline Junior Member Cherripie is on a distinguished road
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    other questions re: littering

    Hi.

    I read the thread regarding spitting out gum and I have a few questions myself. Since I cannot post there I hope it's OK I start a new thread.

    A poster mentioned that they've been hit with cigarette butts and other stuff while riding a motorcycle. So I was wondering if you could be charged with assault (or something similar) if you toss something out the window while driving and you actually hit somebody. Let's say, even if it's "only" a piece of gum or even just a gum wrapper and there's no actual injury?

    Also, hypothetically speaking: If you toss something out the window, let's say something seemingly "harmless" such as a piece of paper, and it hits somebody in the face (and maybe covers their eyes) and they get into an accident because of it and are killed, can you be charged with some kind of homicide?

    And an unrelated question: Is pouring a bottle of water out in a parking lot (NOT while driving) considered littering? Is it different if it is soda or juice?

    And regarding chewing gum: If you stick a piece of gum on a public building or some puplic property, can you be charged with vandalism (or something similar)? Let's say you stick a piece of gum on a city parking meter (lol).

    Oh, and regarding all these questions: I'm not only interested in whether you techincally CAN be charged, but also if you likely WOULD be charged. How much of it is up to officer discretion?

    Sorry about all the questions, but I'm curious. Every time I pour out some water or something I feel like I'm committing this horrible crime. Lol. I DON'T throw stuff out the window. Well, I DID once with a piece of incredibly vile-tasting candy and I found it later stuck to my own car. I WILL admit to sticking gum on a parking meter because it kept rejecting my coins. Yeah, not very mature. Lol. Didn't get caught but always wondered if that was vandalism. ;)

    Thanks for bearing with me.

  2. #2
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    Technically, yes to all those questions. How ever common sense also has to play a role before it goes to court.
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  3. #3
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    Some of your scenarios will be different from state to state, and some cities will have tougher local ordinances.

    But regarding throwing things out the window and hitting another driver, it would not be charged as an assault down here - there is not a criminal intent to harm the affected person. It would simply be littering.

    If the object was large enough and somehow covered the persons eyes or caused a crash, there would be some culpability on the person discarding the objects - perhaps a negligent homicide type charge - but that is really a stretch.

    Pouring water or soda out wouldn't constitute littering.

    The chewing gum in a parking emter would be considered criminal mischief, and depending how much the meter costs to replace or repair would determine the level of the charge - probably a misdemeanor.
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  4. #4
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    Throwing objects at motor vehicles is a felony here. And yes I have charged it, and will charge it again.

    And yes, I would charge you with vandalism if I caught you putting gum on a parking meter because it's just a jackass thing to do. "the meter won't take my money so I'll stick gum on it...... the coke machine wont take my money so I'll just hold my breath until I pass out".
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  5. #5
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    BIG is of the mind that your post here is littering of the common sense variety. :rolleyes:

  6. #6
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    I love writting littering tickets. Nothing upsets me more than taking a nice drive through the countryside and staring at all the garbage along side the roads.

    Tossing out cigarette butts is especially vile during fire season.

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