Guy lights up a cigarette in his car and the smoking police issue him three tickets.

Brown-shirted pricks.

An Ontario smoker, 79, has been handed three tickets for sparking up alone in his own Porsche SUV.

Harry Kraemer, who owns Sparkles Cleaning Service, says he had just lit up a cigarette while parked in a Tim Hortons parking lot, when an overzealous member of the ‘smoke police’ – the Smoke-Free Ontario enforcement officers – handed him three tickets.

The agents claimed that Kraemer’s luxury vehicle was covered by the city’s strict anti-smoking laws which ban cigarette smoke in enclosed workplaces, among many other places.

Kraemer was fined more than $1,000 for smoking in an enclosed workplace, failing to have a no-smoking sign in his SUV, and failing to properly supervise a workplace, the National Post reports.

However, the 79-year-old, who has been smoking for the past 60 years, said the Porsche was his own vehicle and was never used as part of his cleaning business.

And when Kraemer took the case to the Provincial Offences Court last week, the judge agreed, overtunring all three of his tickets.

‘The justice of the peace said, ‘I haven’t heard one shred of evidence that that car was ever used for business for Sparkles,’ said Kraemer.

‘This is my personal car that I drive from home to work and from work to home.

‘Who would use a Porsche to do house cleaning with?’ he said. ‘If a Porsche pulled up to your house to clean your house, you would say, “What the hell is going on here?”‘

‘It’s just a waste of taxpayers’ money as far as I’m concerned,’ his lawyer added

Linda Stobo, program manager for the chronic disease prevention and tobacco control team at the Middlesex-London Health Unit, would not comment on Kraemer’s case.

But she did not believe that the investigators were wrong to have ticketed him.

‘The purpose of the Smoke-Free Ontario Act is to protect people from the harmful exposure to second-hand smoke at work,’ she said, adding that a vehicle can fall under the law if its used for any type of work.

But Kraemer believes he was unfairly targeted as part of an ongoing dispute with the anti-smoking officers.

‘I find some of the smoke police are overzealous. Very soon, they’ll keep coming and coming and coming at us and pretty soon we can’t have a smoke except in the middle of some farmer’s field.’

Last year, he was fined after an officer found an ash tray and cigarette butt in his private second floor office at the Sparkles building. He says he smokes with the door closed, window open and fan blowing.

But he was slapped with two tickets for workplace smoking which sparked a huge row.

‘I verbally told him to get the hell out of my office and I said some very nasty things maybe, I don’t know,’ said Kraemer after he was handed the ticket.

The officer, Kraemer said, told him, ‘We’ll be back.’

A year on, and an enforcement officer, working on what the claimed was an anonymous tip off, had approached him in his Porsche and handed him the ticket.

Ontario’s anti-smoking team investigated 100 complaints of inappropriate smoking last year.

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  1. dekare says:

    Here is how you stop this nonsense. We all know that cops get paid to go to court. Typically, it is overtime, so they usually get paid time and a half. So, as far as the cops are concerned, there is no downside to writing a bad ticket. Yet on the part of the innocent person who is the target of an overzealous law enforcement agent with a god complex, proving your innocence takes time…time that you are not compensated for.

    Here is what you do. If a cop writes you a ticket, a smoking ticket, a traffic ticket etc., and you take him to court and he fails to prove his case or you prove your innocence, the court takes the money that would have been paid to the cop for his time in court, and pays it to the winning party. That way, cops suffer a consequence for bad policing, and innocent citizens get properly compensated for having to defend themselves from bad police work. This would cut down on LOTS of bad cops being assholes. They think it’s funny when we have to spend countless hours and sometimes lots of money in order to defend ourselves from their bad decisions, so let’s turn the tables on them, and like the rest of the world, they only get paid when they do their job RIGHT. Why should they be paid when it is there screw up? And why should a civilian who is the victim of a bad cop, be forced to waste his or her time defending themselves because some cop thought he was god?

    Problem solved.

    And for the record, I am a retired cop. There are just way too many cops who are NOT properly trained in their jobs. They have no clue on what elements of a statute are, or how to actually charge people. This lack of training directly results in innocent people like this man in this story here being forced to defend themselves when in fact, they did nothing wrong.

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