Mom Arrested For Smoking Around Her Kids

BOWLING GREEN, Va. - A Virginia woman has pleaded guilty to smoking - after being ordered by a judge not to light up around her two children.

Tamara Silvius, 44, had faced 10 days in jail ordered by a domestic-court judge, who had held her in contempt last August.

She appealed the sentence to Caroline Circuit Court, where she pleaded guilty to a misdemeanor charge Tuesday with no jail time, as part of a plea agreement.

Silvius called the smoking ban a violation of her rights and has appealed the ban to the Virginia Court of Appeals, which will hear arguments in the case next month.

Silvius shares custody of her children, ages 8 and 10, with her ex-husband. In August 2003, Judge John Thomas of Caroline Juvenile and Domestic Relations District Court barred her from smoking cigarettes or drinking alcohol around her children as a condition of visitation rights.

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