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If vaping becomes distracting, results in obstruction of the drivers view, or is combined with other illegal driving behaviour, the driver could be guilty of careless driving or driving without reasonable consideration for others 1

Neuropsychopharmacology 32 : 367376

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People who are trying to stop nicotine use might: Fortunately, there are many ways to quit smoking or using other tobacco products

However, if you are stopped for another primary traffic violation (such as speeding or a broken taillight), an officer can then issue an additional citation for smoking with a minor present

They've downplayed it