Driver loses smoking appeal

Sussex · **Posted:** Mon Dec 29, 2008 7:12 pm

Cabbie's smoking appeal is lost

A taxi driver has lost his appeal against a conviction for smoking in his cab. Michael Dixon, 43, from Llandudno, Conwy, denied the offence and claimed a council dog warden reported him because of a vendetta.

He initially told the warden he was allowed to smoke due to his Rastafarian religion but later said that was just a joke, Mold Crown Court was told. The appeal was dismissed and his £60 fine with £140 costs stands.

Giving evidence, council dog warden David Lightfoot denied he was conducting a personal vendetta against smokers and said that he smoked cigars himself.

Mr Lightfoot told how on 24 April this year he was in Hospital Road, Llandudno when he saw Dixon drive along having a roll-up cigarette.

Dixon parked up outside his home and was still smoking in his taxi when he approached him, said Mr Lightfoot. "He said that he was a Rastafarian and that he was entitled to smoke as part of his religion."

There was no doubt about him smoking in the cab, said Mr Lightfoot. Dixon, who represented himself at the appeal, denied a charge of smoking in a smoke-free zone - his own taxi. He said that he was not smoking in the taxi and lit up when when he got out of the vehicle to speak to Mr Lightfoot.

While he was a council dog warden, he was well known for handing out tickets to taxi drivers and other smokers after following them, Dixon said. In evidence, he said that he could have paid the £60 fixed penalty ticket, which would have been reduced to £30 if paid within seven days. But he said he was not guilty

"It's Christmas! Why would I be here otherwise?" he said. He had been to court four times over the issue and had lost work because of it. There was no evidence against him, he said.

But after a short retirement, Judge John Rogers QC, who was sitting with two magistrates, said that the issue was very simple - was the appellant smoking in his cab?

Dismissing the appeal the judge said they found Mr Lightfoot's evidence to be truthful and accurate. He must also pay a £15 victim surcharge.

bloodnock · **Joined:** Thu May 03, 2007 8:15 pm **Posts:** 9170

Quote:

He initially told the warden he was allowed to smoke due to his Rastafarian religion

Thats one of the Best Quick think retorts ive ever read.. :lol:

skippy41 · **Posted:** Mon Dec 29, 2008 8:47 pm

He should appeal again, as there must be 2 wardens at all times.
How did the warden know it was a role up he had, if the cab was moving :?:

bloodnock · **Joined:** Thu May 03, 2007 8:15 pm **Posts:** 9170

skippy41 wrote:

He should appeal again, as there must be 2 wardens at all times.
How did the warden know it was a role up he had, if the cab was moving :?:

In the same way they can tell if a Dog was eating Pal or Winalot before Depositing a Walnut whip on the Pavement....they have Mystical powers of Observation... :shock:

toots · **Posted:** Tue Dec 30, 2008 3:01 pm

bloodnock wrote:

skippy41 wrote:

He should appeal again, as there must be 2 wardens at all times.
How did the warden know it was a role up he had, if the cab was moving :?:

In the same way they can tell if a Dog was eating Pal or Winalot before Depositing a Walnut whip on the Pavement....they have Mystical powers of Observation... :shock:

Not that mystical cos if he is a rasta with a roll up the chances are it ain't just baccy he was smoking :lol: