W. Va. Code § 16-9A-11

Current through 2024 First Special Session
Section 16-9A-11 - Smoking prohibited in motor vehicle while a person 16 years of age or less is present; penalty
(a) As used in this section:
(1) "Lit tobacco product" means any lighted pipe, cigarette, cigar, or other lighted device or product containing a tobacco-based product manufactured or made for the purpose of smoking.
(2) "Motor vehicle" means a Class A, Class B, Class H, or Class J vehicle as those terms are defined in § 17A-10-1 of this code.
(b) No person who is 18 years of age or older may smoke or possess a lit tobacco product in a motor vehicle if an individual 16 years of age or less is in the motor vehicle.
(c) Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $25. No court costs or other fees may be assessed for a violation of thissection.
(d) Enforcement of this section may only be accomplished as a secondary action when a driver of a vehicle, as defined in this section, has been detained for probable cause of violating another section of this code.
(e) Each time a driver of a vehicle is detained for probable cause of violating another provision of this code and is cited for the offense created pursuant to this section, it shall be considered a single offense regardless of the number of individuals 16 years of age or less in the motor vehicle.

W. Va. Code § 16-9A-11

Added by 2024 Acts, ch. TBD (SB 378), eff. 6/5/2024.