Drink driver 'drank half a bottle of mouthwash'
PETER Smith said he was over the limit when stopped on December 10 because he had used mouthwash.
Smith said he had used it in his car on the way to relatives who did not like the fact he smoked – and he drank the liquid because he couldn't spit it out.
The 64-year-old, of Bonser Gardens, Sutton-in-Ashfield, admitted he had driven in Ossington Road, Carlton-on-Trent, while he had 64 micrograms of alcohol in 100 millilitres of breath. The legal limit is 35 micrograms.
The court heard he had drunk half of a 500ml bottle of Listerine mouthwash between 2pm and being stopped at 9pm.
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Margaret-Mary Martin, prosecuting, said: "His speech was slurred, his eyes glazed, and he smelt of alcohol. He failed a roadside breath test, was arrested, and said 'I've only had mouthwash'."
The court heard Smith had drunk the mouthwash while driving to visit his sister and brother.
Ms Martin said Smith claimed he had not drunk alcohol since June 2012, having been treated for an alcohol problem.
She added: "He said the alcohol on his breath would be as a result of drinking the mouthwash.
"I did check and Listerine mouthwash can be between 21 per cent and 27 per cent alcohol, somewhere above a fortified wine in strength."
Smith, who represented himself, said he was "resigned to accept" any penalty imposed.
He added: "I'm determined that nothing like this will happen again."
Smith, who had no previous convictions, was disqualified from driving for 12 months. He was also fined £260 and ordered to pay £85 towards prosecution costs.
Outside court, Smith said: "I'm devastated. The mouthwash was to freshen my breath. I smoke heavily and it upsets my brother.
"I hadn't realised how strong it was."
Comments
by SimonsCat
Thursday, January 03 2013, 9:57PM
“Surely if Mr Smith had been treated for an alcohol problem in June 2012 he would know to avoid mouthwash that contains alcohol?
Let's hope he gets himself some proper help with his problem now.”
by Barney_Biswas
Thursday, January 03 2013, 9:27PM
“By gum! a breath of fresh air from the courts! No-one would defend this numpty but a patron saint o' flossed causes! It's good to hear that this is his first 'brush' with the law, or he'd need to 'pick' his battles more carefully!”
by ShockG
Thursday, January 03 2013, 7:52PM
“Surely you'd only have to wash your mouth out once - prior to meeting the family in question?”
by paperjimmy
Thursday, January 03 2013, 7:19PM
“Brahms and Litszerine on mouthwash ? Sounds to me like he was trying to take the police flur ride.”
by voxpopuli
Thursday, January 03 2013, 5:01PM
“One more alky off the roads - Christmas must have come early.”
by victormildew5
Thursday, January 03 2013, 4:56PM
“this is not a new ruse and thankfully the bench were having none of it. Glazed eyes,blurred speech and a pre prepared defence of 'ive only had mouthwash'...nice try sunsnine”
by DunkirkPie
Thursday, January 03 2013, 12:44PM
“I'm not surprised he had to represent himself. No self-respecting lawyer would have been able to present such a defence with a straight face.”
by scheinwerfer
Thursday, January 03 2013, 11:11AM
“Should somebody so stuuuuupid be allowed to keep a driving license?”