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| 'Fake cigarette' legal bid fails | 'Fake cigarette' legal bid fails |
| (20 minutes later) | |
| A lorry driver lost his bid to overturn a smoking fine despite claiming he was using an "electric" cigarette. | A lorry driver lost his bid to overturn a smoking fine despite claiming he was using an "electric" cigarette. |
| Chris Minihan, from Liverpool, was seen smoking, flicking ash and throwing the butt away from his cab by council enforcement officers in Runcorn. | Chris Minihan, from Liverpool, was seen smoking, flicking ash and throwing the butt away from his cab by council enforcement officers in Runcorn. |
| He fought the charge on Monday, saying he was using a device which mimics the actions of a real cigarette. | He fought the charge on Monday, saying he was using a device which mimics the actions of a real cigarette. |
| Runcorn Magistrates' Court rejected his claim and he was fined £200 for smoking in a company vehicle and littering. | Runcorn Magistrates' Court rejected his claim and he was fined £200 for smoking in a company vehicle and littering. |
| Minihan, 42, from Walton, demonstrated his Gamucci electric cigarette in the dock during the hearing on Monday. | |
| The device simulates the actions of a tobacco cigarette by glowing at the tip and giving off "smoke" which is actually created by steam. | The device simulates the actions of a tobacco cigarette by glowing at the tip and giving off "smoke" which is actually created by steam. |
| No doubt this could have been resolved on the day, had the enforcement officer came to me in the cab and done her job properly Chris Minihan | No doubt this could have been resolved on the day, had the enforcement officer came to me in the cab and done her job properly Chris Minihan |
| Minihan was taking a driving break in a lay-by in Runcorn when he was spotted by Halton Council enforcement officer Yvonne Taylor, the court heard. | |
| Ms Taylor told magistrates she watched his arm come in and out of the window with a cigarette, which got smaller on each occasion. | Ms Taylor told magistrates she watched his arm come in and out of the window with a cigarette, which got smaller on each occasion. |
| "I could clearly see smoke emitting from the cab and the motion of him flicking ash," she said. | "I could clearly see smoke emitting from the cab and the motion of him flicking ash," she said. |
| "I then observed the cigarette stub flying from the driver's hand on to the grassed area below." | "I then observed the cigarette stub flying from the driver's hand on to the grassed area below." |
| Ms Taylor visited Minihan's employer, Neston Town Cleaning Limited, two weeks later to present the fixed penalty notices. | Ms Taylor visited Minihan's employer, Neston Town Cleaning Limited, two weeks later to present the fixed penalty notices. |
| Lost job | Lost job |
| But the driver told the court he was aware of the smoking ban and insisted he had not broken it, because he was using an electric cigarette. | But the driver told the court he was aware of the smoking ban and insisted he had not broken it, because he was using an electric cigarette. |
| He said: "No doubt this could have been resolved on the day, had the enforcement officer came to me in the cab and done her job properly by enforcing the law. | He said: "No doubt this could have been resolved on the day, had the enforcement officer came to me in the cab and done her job properly by enforcing the law. |
| "But she did not. She came weeks later, by which time I had no way to prove it was a misunderstanding." | "But she did not. She came weeks later, by which time I had no way to prove it was a misunderstanding." |
| Minihan denied flicking ash and also denied throwing a stub to the ground. | Minihan denied flicking ash and also denied throwing a stub to the ground. |
| Brian Howells, chairman of the bench, said his story was "consistent" but described the enforcement officer as a credible witness and found in favour of the council. | Brian Howells, chairman of the bench, said his story was "consistent" but described the enforcement officer as a credible witness and found in favour of the council. |
| Minihan was fined £100 for smoking in a company vehicle and £100 for littering. He was also ordered to pay a £15 victim surcharge to the council and £500 in costs. | Minihan was fined £100 for smoking in a company vehicle and £100 for littering. He was also ordered to pay a £15 victim surcharge to the council and £500 in costs. |
| He has since lost his tanker driving job and said he planned to appeal against the decision. | He has since lost his tanker driving job and said he planned to appeal against the decision. |
| In a statement, the council said Mr Minihan had been offered the opportunity to pay the fines but had declined and opted for court action. | In a statement, the council said Mr Minihan had been offered the opportunity to pay the fines but had declined and opted for court action. |
| "The council will continue to enforce the legislation on littering and smoking in accordance with national guidelines and council policy," a spokeswoman said. | "The council will continue to enforce the legislation on littering and smoking in accordance with national guidelines and council policy," a spokeswoman said. |
| Advertisement | Advertisement |
| The lorry driver said he was surprised by the fines | The lorry driver said he was surprised by the fines |
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