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State Police Cracking Down On Throwing Cigarettes From Vehicles

Last updated on Wednesday, July 18, 2012

(UNDATED) - The Indiana State Police troopers were issued a memorandum Tuesday in an effort to reduce the risk of negligent fires.

State statues exist that allow officers to prevent fires from beginning and ISP troopers will be writing citations to anyone caught throwing lit tobacco products from vehicles. They can also be cited for littering.

Indiana code 35~45-3-3 sets forth that a person who throws a lighted cigarette, cigar, match or other burning material from a moving motor vehicle commits a Class A Infraction.

Although IC 35-45-3-3 requires that the material is burning and that the vehicle is in motion, the occupant of a vehicle may still be cited for littering, a Class B Infraction under IC 35-45-3-2, if they recklessly, knowingly, or intentionally place or leave refuse on property of another person, except in a container provided for refuse.

Additionally, the littering statute sets forth that littering committed from a moving vehicle, other than a public conveyance, constitutes prima facie evidence that it was committed by the operator of that vehicle.

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