§ 1134b. Using tobacco or marijuana in a motor vehicle with child present
(a) A person shall not possess a lighted tobacco product or use a tobacco substitute as defined in 7 V.S.A. § 1001 in a motor vehicle that is occupied by a child required to be properly restrained in a federally approved child passenger restraining system pursuant to subdivision 1258(a)(1) or (2) of this title.
(b) A person shall not use marijuana as defined in 18 V.S.A. § 4201 in a motor vehicle that is occupied by a child under 18 years of age.
(c)(1) A person who violates subsection (a) of this section shall be subject to a civil penalty of not more than $100.00 and no points shall be assessed.
(2) A person who violates subsection (b) of this section commits a misdemeanor crime and shall be subject to the following penalties:
(A) a fine of not more than $500.00 for a first offense;
(B) a fine of not more than $750.00 for a second offense;
(C) a fine of not more than $1,000.00 for a third or subsequent offense.
(3) A person who violates subsection (b) of this section shall be assessed two points. (Added 2013, No. 135 (Adj. Sess.), § 7; amended 2015, No. 108 (Adj. Sess.), § 7; 2017, No. 86 (Adj. Sess.), § 15.)
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