Here's your defense - it worked for this West Van. 'gal' :
Woman uses Botox defence to beat refusal-to-blow charge
By Jane Seyd, North Shore News October 22, 2010
A woman in West Vancouver has had her charge of refusing to give a breath sample tossed out in court recently after telling a judge she couldn't blow into the roadside screening device because her face was frozen from Botox injections.
Paddi Anne Moore, 51, used the defence while representing herself during a trial on a charge of refusing to give a breath sample in North Vancouver provincial court.
Moore was pulled over in West Vancouver shortly after midnight on April 24 and asked to blow into the roadside-screening device. She was given four chances, but the equipment failed to register a sample every time.
Moore argued in court she couldn't purse her lips properly around the roadside device because of Botox injections she had received 10 days earlier in Playa Del Carmen, Mexico, where she lives for part of the year.
Cpl. Fred Harding of the West Vancouver police said Moore first came to his attention because she was driving 50 kilometres per hour on a stretch of highway where the speed limit is 90 km/h. He said he pulled her over after Moore drove through a commercial brake check area on the side of the highway and almost collided with two other vehicles when she pulled out.
After Moore acknowledged drinking that night, Harding asked her to blow into the roadside breathalyzer device.
"She made no attempt to blow," he said.
In a letter handed up to the judge in court, Moore's Mexican doctor wrote that "the physical effects of Botox injections to the upper lip and mouth area is that the patient is unable to purse (her) lips or whistle." The doctor wrote it is not uncommon for someone who has had the injections to be unable "to wrap their lips around a straw or wide circumference such as a breathalyzer blow apparatus" for up to six months.
Botox injections — which prevent wrinkles by partially paralyzing facial muscles — are a common plastic surgery procedure.
Judge Carol Baird Ellan agreed to dismiss the charge against Moore. The case was heard Oct. 4.
Outside the court, Harding said he's been involved in thousands of drunk-driving investigations during his police career but added, "I've never seen anyone who had the gall to go into court and say Botox was their defence."
"If you can speak, you can exhale some kind of air from your mouth," he said.
Despite the judge's warning that the case shouldn't be seen as setting a precedent, Harding said he's concerned the case could open up a whole new set of defences for people charged with drunk driving
Read more: http://www.theprovince.com/news/Woma...#ixzz13ITN0v42