Woman Sent to Jail for Smoking Near Kids
08/13/04
BOWLING GREEN, Va. (AP) -- A woman was sentenced Thursday to 10 days in jail for defying a court order not to smoke around her children.
Tamara Silvius was banned last year from smoking around the youths, now ages 8 and 10, as part of a custody arrangement with her ex-husband.
She allegedly violated the order during a trip to South Carolina for Thanksgiving. For that, Silvius was fined $500 and was given a 10-day suspended sentence on the condition she not do it again.
But Silvius was back in court Thursday for violating the order a second time in June. Silvius, a pack-a-day smoker, claims the restriction violates her rights.
A judge upheld the order in January, citing medical evidence of the effects of secondhand smoke on children. Silvius has appealed to the Virginia Court of Appeals.
Mark A. Murphy, an attorney representing the children's father, noted that Silvius is free to smoke on days when the children are not with her.
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