(a) For the purposes of this section, the following terms have the following meanings:

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7

Terms Used In Alabama Code 32-5A-331

  • Arrest: Taking physical custody of a person by lawful authority.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(1) SMOKE. The same meaning as smoking in Section 22-15A-3, Code of Alabama 1975.
(2) TOBACCO PRODUCT. The same meaning as in Section 28-11-2, Code of Alabama 1975.
(3) VAPE. To use an electronic nicotine delivery system as defined in Section 28-11-2, Code of Alabama 1975.
(b)

(1) It is unlawful for a person to smoke a tobacco product or vape in an enclosed motor vehicle when a child 14 years of age or younger is present in the enclosed motor vehicle.
(2) This section applies to all motor vehicles and whether the motor vehicle is in motion or at rest, or whether the windows of the motor vehicle are open or closed.
(c) A violation of this section is punishable by a fine not exceeding one hundred dollars ($100) for each violation.
(d) A violation of this section may be investigated and charged only as a secondary violation following the lawful stop of a motor vehicle based on probable cause of a separate violation of law, and the issuance of a citation or warrant of arrest for that violation.
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