is a violation of California vehicle code section 23111 a moving violation

Question

Los Angeles, CA asked on June 19, 2024 in Traffic Tickets for California

James L. Arrasmith · Answer

To determine if a violation of California Vehicle Code Section 23111 is considered a moving violation, let's first look at what this code section covers. 
 
California Vehicle Code Section 23111 states: 
 
"No person in any vehicle and no pedestrian shall throw or discharge from or upon any road or highway or adjoining area, public or private, any lighted or nonlighted cigarette, cigar, match, or any flaming or glowing substance." 
 
This code section prohibits littering of cigarettes or other burning materials from a vehicle onto a road or highway.  
 
In California, a moving violation typically involves a violation of traffic law while the vehicle is in motion. Some common examples of moving violations include speeding, running a red light, and driving under the influence. 
 
A violation of Section 23111, while it does involve a vehicle, does not necessarily involve a moving violation. The act of throwing a cigarette out of a car window can be done whether the vehicle is in motion or not.  
 
However, a violation of 23111 VC is a criminal infraction punishable by a fine. It's considered a serious offense due to the potential for starting fires, especially in dry, fire-prone areas. 
 
In conclusion, while a serious offense, a violation of California Vehicle Code Section 23111 is not typically considered a moving violation. However, it is still a criminal infraction that carries a fine.

Q: is a violation of California vehicle code section 23111 a moving violation