Drivers in some states could get fined for smoking with children in the car

Smoking in the car with kids may soon be illegal in Virginia. If the governor adds his signature, Virginians could be fined $100 for smoking in a car in the presence of children.

The Senate joined the House by giving final approval to a bill that would make smoking in a motor vehicle with passengers younger than 8 a violation punishable by a civil penalty of $100.

Why that age? Children under the age of 8, by Virginia law, are required to sit in car seats. That will help law enforcement determine a child's age without being too intrusive.

This bill would make smoking in the car with a child a secondary offense, meaning the driver would have to be pulled over for another reason and be caught smoking at that time.

Supporters of the bill claim the confined space of a car makes second-hand smoke far more dangerous than in other settings.

However, others claim the law oversteps it's bounds.

If the governor signs the law, it would take effect July 1.

According to, seven states and Puerto Rico have smoke free car laws.