Flip Off a Cop in New Jersey: Is It Illegal? New Jersey laws do not leave the public or youth with clear boundaries regarding vaping, unlike any of the laws on smoking or alcohol consumption while driving.
There is no law in the state that says you cannot vape in your car, but again, drivers should be aware of the legal risks and things they should think about before they start.
Distracted Driving Laws
Distracted driving is against the law in New Jersey. Any activity that distracts drivers from the road is against the law. This means a lot can include things like vaping.
When you vape, you typically need to use one hand to hold the device and take your eyes off the road for a few seconds to take a hit or alter the settings.
This divided concentration might be considered a form of distracted driving, illegal and can result in fines, or both.
New Jersey’s “hands-free” law defines what drivers cannot do-that is, attempt to do things that distract from driving, such as using their phones or anything else.
A police officer may stop you and give you a ticket for distracted driving if they believe that vaping is impairing your abilities to safely operate the car.
Impaired Ability to See Due to Vape Fog
The next legal issue you should consider is how vape fog might limit visibility. Because vape fog is thick and lingers in the car for some time, it is difficult to see.
This is unlike cigarette smoke, which is typically lighter. New Jersey law says that you could be guilty of “careless driving” if the vapor gets in the way of your vision and makes you less safe while driving.
Careless driving occurs whenever you operate a vehicle in a way that could cause harm to others. It may result in fines and points on your driving record.
If you are involved in an accident, proof of a vape cloud obstructing your view could be used against you as proof that you were at fault. Perhaps the courts could think vaping played a role, especially if the individual lost control or had difficulty seeing due to the vapor.
Minors in the Vehicle
New Jersey has tough laws that require people not to smoke inside cars with children in them. Vaping laws for teens in the car are still under discussion, but in most instances, the state equates vaping the same as it does other smoking materials.
Since 2010, New Jersey made smoking in a car illegal when a child under 18 is also in the car.
Even though it is not stated, police may consider vaping in a car with minors as the same offense. In some circumstances, this may mean the motorists could be fined or even charged with endangerment of children.
Driving Under the Influence of THC
The New Jersey state does not allow vaping THC or any cannabis products to drive. Adults 21 years and older can officially use cannabis for recreational purposes in New Jersey, but it is illegal to drive while high.
Vaping THC will begin making you less alert right away, causing you to react more slowly and to have terrible judgment that can be dangerous on the road.
If a police officer believes you are driving high on THC, they are allowed to stop you and administer a side-of-the-road sobriety test. If you are impaired, you could have been guilty of DUI.
Conclusion
Even though New Jersey has not prohibited vaping while driving, they can face legal risks for it. Drivers should be aware that distracted driving, poor eyesight, and having little children with you could get you in trouble with the law.
In addition, it is unlawful to drive while intoxicated in New Jersey on THC. As laws against vaping change, it is best not to vape while driving so you can keep your eyes on the road rather than getting distracted.
