HOGWASH: The WA Supreme Court has rejected a woman drink-driver's appeal claim that mouthwash put her four times over the legal limit. Source: The Sunday Times
A WOMAN who claimed mouthwash she used to dull her tooth pain caused her to be more than four times over the drink-driving limit has failed in an appeal to Western Australia's Supreme Court.
In June 2012, Amy Louise Lasscock was fined $900 and banned from driving for 10 months after she was convicted in a Perth court of driving under the influence.
Police pulled her over in November 2011 after her car was spotted repeatedly veering towards a car in the next lane.
Officers said when they questioned Lasscock her speech was so slurred they could not understand what she was saying, and she could not keep her balance when she got out of the vehicle.
A breath test returned a reading of 0.238 per cent, calculated back to 0.225 at the time of driving - more than four times over WA's drink driving limit of 0.05.
But Lasscock claimed she had been suffering from a compacted wisdom tooth and had used a pain-relieving mouthwash before driving.
She believed the mouthwash had caused the high alcohol reading - but also admitted she had swallowed some of the mouthwash and drunk three glasses of wine before getting in her car.
Lasscock had appealed, claiming a miscarriage of justice because she was not permitted more time to call an expert witness who she claimed would give evidence about ``the effects of alcohol on the body''.
But Justice Stephen Hall said there was nothing to support an argument she had been disadvantaged and no miscarriage of justice had been proved.
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