San Diego Smoking Laws

[ljcoburn]

If a person is issued a citation for smoking a cigerette on the boardwalk of a public beach, would it be possible to fight it and what would be the best way to go about doing so. In this instance I had just entered the beach area from the street and not seen any signs posted at the entrance. I had read an article that the smoking ban was not going to be aggressively policed yet the officer was definitely being aggressive about upholding this particulare ordinance. The fine for this is 275.00.

Thanks for your help!

[kazz]

Not sure, but lucky you're not in Bhutan. By the way, did you read that article before or after your brush with the law?

A MONK in Bhutan caught carrying $2.50 worth of tobacco has been jailed for three years, becoming the first person punished under the country's draconian anti-smoking laws.

http://www.heraldsun.com.au/news/wor...-1226016110356

[Sgt. Slaughter]

You knew it was against the law and had read an article that it wasn't going to be aggressively enforced so you went ahead and did it anyway. It appears you've answered your own question. I mean, how would you fight that?

Pay the fine.

[retdetsgt]

I had read an article that the smoking ban was not going to be aggressively policed yet the officer was definitely being aggressive about upholding this particulare ordinance. The fine for this is 275.00.

How rude of him to enforce a law you knew existed, but thought you could get away with breaking....

Please try to video tape the response you get from the judge when you use that defense, put it on Youtube and then come back and let us watch it.

[icu650]

Everybody has heard the saying "Ignorance of the law is no excuse". In you case "Indifference to the law is no excuse" You knew it existed but didn't care. Pay the man! The fact that you say you didn't see the sign doesn't matter, it could have been there, you obviously didn't see the cop either.

[ljcoburn]

First of all, I read the article after I returned home to ARKANSAS and I was researching what if anything could be done about the citation. But thanks for automatically assuming the worst. I guess I should have been more clear. My apologies!

Thank you, Kazz, for asking and not making assumptions. You're right I'm glad I don't live in Bhutan. LOL. The ironic part about the whole thing is that if I had a medical marijuana card, I could of been smoking that apparently, and not been cited. Go Figure!

[ljcoburn]

Actually, they were standing right next to me and I had no desire to try and get into to trouble on a week long vacation.