Legal Expert Clarifies Police Powers: When Can Officers Stop You From Smoking During a Traffic Stop?

Vancouver, BC - A recent online video featuring prominent Vancouver DUI and traffic lawyer Kyla Lee has shed light on the extent of police authority regarding smoking during traffic stops. Lee, recognized as one of the Top 25 Most Influential Lawyers, addressed a common query from a viewer: "Can an officer stop you from smoking...in your car or outside..?" According to Lee, the answer is nuanced. She explained that police officers do have the authority to request a driver to cease smoking if they are conducting an impaired driving investigation and intend to administer a roadside breathalyzer test. "Cigarette smoke, vaping, anything in your mouth, all of those things can interfere with the test," Lee stated, emphasizing the need for a proper sample for legal compliance. However, Lee clarified that this authority is not universal. If an officer is merely issuing a traffic ticket, such as for speeding, and there is no impaired driving investigation underway, they cannot compel a driver to stop smoking. "You're allowed to smoke provided you're not, you know, in one of the places that you're not allowed to smoke, like, I don't know, within 6 feet of a doorway or whatever the rules are," she added. Furthermore, she noted that smoking is prohibited in a car with anyone under the age of 16. Lee's advice underscores the importance of understanding one's rights and obligations during police interactions, particularly when it comes to specific circumstances like breathalyzer tests versus routine traffic violations.