In New Jersey, the rules about vaping while driving are not as clear-cut as the rules about smoking or drinking alcohol while driving.
There is not a clear law in the state that says you can not vape while driving, but drivers should be aware of the legal risks and things they should think about before they do it.
1. Distracted Driving Laws
Distracted driving is illegal in New Jersey. Anything that takes the driver’s attention away from the road is illegal. This can include a lot of different things, like vaping.
When you vape, you usually have to hold the device with one hand and take your eyes off the road for a moment to take a puff or change the settings.
This split attention could be seen as a type of distracted driving, which is illegal and can get you fined (or both).
New Jersey’s “hands-free” law says drivers can not do things that take their attention away from driving, like using their phones or doing other things.
A police officer can pull you over and give you a ticket for distracted driving if they think that vaping is making you less able to drive safely.
2. Obscured Vision Due to Vape Clouds
Another legal issue to think about is how vape clouds might affect visibility. Vape clouds can be thick and stay in the car for a long time, making it hard to see.
This is different from cigarette smoke, which is usually 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 is when you operate a vehicle in a way that could hurt other people. It can get you fines and points on your driving record.
If you were in an accident, proof that a vape cloud blocked your view could be used against you to show that you were at fault. The courts might think that vaping was a factor, especially if the person lost control or could not see because of the vapor.
3. Minors in the Vehicle
New Jersey has strict laws that say people can not smoke in cars with kids inside. Vaping laws for teens in the car are still being worked out, but in many situations, the state treats vaping the same way it treats other smoking materials.
Since 2010, New Jersey has made it illegal to smoke in a car when a child under 18 is present.
Even though it is not said outright, police might treat vaping in the car with minors the same way. Depending on the situation, this could lead to drivers getting fined or even charged with child endangerment.
4. Driving Under the Influence of THC
The state of New Jersey does not allow people who vape THC or any products derived from cannabis to drive. Adults 21 and older can legally use cannabis for fun in New Jersey, but it is against the law to drive while high.
Vaping THC can make you less alert right away, causing you to react more slowly and make bad decisions, which can be dangerous on the road.
If a police officer thinks you are driving while high on THC, they can do a sobriety test on the side of the road. If they find that you are impaired, you could be charged with DUI.
Conclusion
Even though New Jersey does not have a law against vaping while driving, drivers should be aware of the legal risks. Distracted driving, vision problems, and having kids in the car are all things that could get you in trouble with the law.
In addition, it is against the law in New Jersey to drive while high on THC. As vaping laws change, it is best not to vape while driving so that you can keep your eyes on the road and avoid getting distracted.
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