Even though I've been warned by others here not to vape while driving, I really didn't think it could happened. I normally don't but that morning, a week ago, I just needed a couple of hits. Lo and Behold, a state trooper did a drastic u turn right on the highway with flashing lights and pulled me over. He asked for my license and then asked, can I guess why he pulled me over. I can tell he wasn't in a good mood but then neither was I. I was cutting it close to be on time for work and this, IMO, overzealous state trooper decides he would fill his end of the month quotas by ticketing me. I wasn't speeding and there was no missing tail light. I said I've no idea why. He asked me to step out of the truck and do the DUI test. Why, I asked, I wasn't drinking. By then it was clear he wasn't go to take my "attitude" anymore and that I better shut up and do what he asked. I passed with flying colors which seems to make him more angrier. Finally, he asked what was I smoking. A ecig, I told him. He didn't believe me. I don't blame him there because my extended provari with Iclear 30 tank certainly did not look like a typical ecig like a blu. It finally dawn on me that he thought I was smoking (OTHER STUFF). A mini (EDIT), he called it. Good thing I didn't laugh. I explained what a vapor is and invited him to smell my blueberry muffin ejuice. He couldn't give me a warning because I was innocent on all counts. I, however, asked him to write a note, so to speak, explaining why I was late for work and the A H wouldn't. I called my lawyer the next day and he said that if that state trooper genuinely thought I was doing something wrong, he had every right to pulled me over. Even though I didn't do anything wrong, I guess if I want to vape on the road, get a electronic that looks like a cigarette, right?
You're lawyer is absolutely right. A police officer has every right to pull you over, for ANY reason. It is completely up to them.
They also have EVERY right to arrest you, for whatever reason they deem. They can, and WILL arrest people all the time for reasons most people would laugh at, or not believe, if for the fact it wasn't true.
YOU have the right to an attorney, and to make your case in court. If you did nothing wrong, any charge will be dropped.
The PROBLEM with this system....is even though charges will be dropped, you 1) Still go to jail, 2) Still have to pay for bail (it will get refunded, but still), 3) Still might have to pay for a lawyer, 4) Will miss time at work/potentially lose your job, and 5) Suffer the embrassment of having a cop take away your rights for whatever reason he deems, and 6) The cop is VERY unlikely to suffer any consequences for false arrests.
This unfortunately happens ALL the time.
The BEST thing you can do....is comply 100% with whatever requests/questions a police officer asks you when he pulls you over. Make sure you STAND up for your rights, but at the same time, be mindful and courteous, so you don't end in jail because the officer gets mad.
If you're civil rights were violated.....FILE A LAW SUIT. If enough people in this country actually STAND UP for your rights....then perhaps in the future..maybe OUR children won't have to deal with the same corruption and abuse at the hands of "peace" officers that we have to deal with.
Lots of people these days are being pulled over and harassed for using e-cigs. The BEST thing you can do , like I said, is comply tot he officer's requests...be as polite as you can, and hopefully you won't go to jail.
Good luck guys.