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Merseyside | 'Fake cigarette' legal bid fails 

Jump to full article: BBC Online, 2009-08-03

Intro:

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.

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.

Minihan, 42, from Walton, demonstrated his Gamucci electric cigarette in the dock during the hearing on Monday. . . .

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.

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