Is Smoking while driving illegal in Lagos?


I was driving to  last Sunday and was stopped by the police around Surulere in Lagos. I have all my papers and my licence so I wasn’t worried. The policeman said he was stopping me because I was smoking while driving and that he would arrest me and I could go to jail for 6 months. I gave him a small ‘gift’ and he let me go. My question is, can I really go to jail for 6 months for smoking while driving?



It appears this question has 2 key issues-

1. Is smoking while driving illegal? To this question, the answer is Yes. Under the Lagos State Traffic Laws released in 2012, it is illegal for drivers to be smoking while operating a motor vehicle. This would include cars, truck, buses, and motorcycles.

2. Can you go to jail for 6 months for this? No. Not every crime committed results in jail time. The penalty for driving while smoking is 2 penalty points, and a N20,000 fine for a first offender (and N30,000 for repeat offenders).


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We hope you have found this information helpfulPlease note that this information is provided for general informational purposes only and is not intended to be legal advice. No lawyer-client relationship is formed nor should any such relationship be implied. This answer is not intended to substitute for the advice of a qualified lawyer. If you require legal advice, please consult with a qualified lawyer.

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