A Ballymena man who unsuccessfully tried to say vaping put him over the drink drive limit has decided not to appeal after all, it has emerged.
In September a court rejected what was believed to have been the first attempted defence of its kind in the UK - that alcohol in an e-cigarette caused a police breathalyser machine to show a man was almost twice the drink drive limit.
Aaron Galbraith - a 35-year-old chef from Dunluce Park - was instead convicted of drink driving which occurred as he left a friend home from the cinema - his second drink driving conviction - and he was banned from the road for three years and fined £300.
It was believed to the first time in the United Kingdom the defence that vaping had make him break the law was used and outside Ballymena Magistrates Court on September 1 he said he was considering appealing the decision.
His solicitor Stewart Ballentine returned to the same court later in September and lodged an appeal.
Mr Ballentine said on that occasion “new scientific evidence” would be brought to the appeal court.
District Judge Peter King noted the “unique nature” of the case and fixed bail of £250 to allow Galbraith, who was getting legal aid, to appeal.
However, Galbraith has now accepted his fate.
Mr Ballentine has now confirmed the they decided not to go ahead with the appeal.
The case had been listed at the County Court in Coleraine, where in the wake of the development, the court formally ordered the appeal against the charge to be dismissed and the conviction and sentence affirmed.