[Crim]

There is no indication that the officer considered it to be so because she was smoking during the whole stop.

Again...he ordered her out because she refused to put out her cigarette...I wonder if the report reflects that.

[TXDuke]

You’re right. There isn’t any indication what the officer thought about the cig either way. He may of thought it a threat or an interference to his duty or he may have just been a jerk. Either way, it doesn’t matter. He gave her a lawful order, which she refused. Her refusal of a lawful order is why he told her to exit the vehicle. She refused that lawful order as well, which escalated the situation. He handled is poorly, but was within his authority. His reasoning is anybody’s guess, but his actions were fully legal, although bad policy.