A lawyer who was convicted of driving under the influence of alcohol claimed yesterday that she was unable to take a roadside breathalyzer test because she had just had surgery on her lips, which were still painful, a court heard.
Rachel Tansey, 44, was pulled over by police at 2:20 am on April 20, 2023, after her silver Range Rover Discovery was observed swerving on the road while traveling at just 20-mph in a 60-mph zone. When officers requested that she blow into the intoxilyzer machine, the barrister insisted she was unable to form a seal around the tube due to her cosmetic treatment.
Tansey, a mother of three residing in a £1.4 million home in Formby, Merseyside, reportedly told officers: “Do not tell me what I can and cannot do. I am doing my very best. It is like asking someone to jump up after a tummy tuck. I cannot do it.”
When informed that she would be required to provide a blood sample instead, she responded defiantly: “Good luck trying to get blood from me. Let’s roll the dice. I will not consent to blood.”
As a result, she was charged with failing to provide both breath and blood samples.
During her hearing at Sefton Magistrate's Court, Tansey denied the allegations, asserting she had not been drinking. She claimed her slow driving was due to dropping a chicken wrap she had been eating and that she was also rinsing mouthwash into a cup while driving along Formby Bypass. Additionally, she argued that her refusal to provide a blood sample was a result of an undiagnosed phobia of needles, rather than intoxication. She also maintained that her cosmetic procedure had not involved needles.
District Judge James Hatton, however, convicted her on both charges, stating: “From the moment you exited the vehicle, you attempted to manipulate the situation. You deliberately delayed the officers and repeatedly insisted that you had not consumed alcohol. However, it is evident that you had been drinking.”
From the moment you exited the vehicle, you attempted to manipulate the situation. You deliberately delayed the officers and repeatedly insisted that you had not consumed alcohol. However, it is evident that you had been drinking.James Hatton, District Judge
The judge elaborated, “You refused the test at the roadside and made no genuine effort to blow into the device. You claimed to have had your lips done, and now you are attempting to backtrack on what you originally meant, knowing it could imply the use of needles.”
He further criticized her behavior, stating: “You were confrontational with police officers at the station and argumentative with the prosecutor in court. When asked about providing a blood sample, you did not mention any phobia; instead, you said, 'Roll the dice.' You refused to have your pulse or blood pressure taken and refused to even attempt compliance.”
Rejecting her explanation, Judge Hatton added: “It is highly improbable that you were simultaneously eating a chicken wrap, chewing gum, and rinsing mouthwash into a cup while driving along the Formby Bypass. There is no evidence to support your version of events. Your testimony lacks any credibility whatsoever.”
Tansey was granted bail ahead of her sentencing, with Judge Hatton remarking, “This will likely result in a community order. However, I will leave all sentencing options open, including custody.”
The incident came to light after an off-duty police officer observed her erratic driving and reported it. PC Thomas Moore, who attended the scene, testified, “Upon opening the vehicle, I immediately detected the smell of alcohol, and her behavior appeared somewhat erratic. She spontaneously stated that she had consumed a significant amount of mouthwash and had been chewing gum.”
Upon opening the vehicle, I immediately detected the smell of alcohol, and her behavior appeared somewhat erratic. She spontaneously stated that she had consumed a significant amount of mouthwash and had been chewing gum.PC Thomas Moore, An Off-duty Police Officer
Moore added, “She claimed she was unable to take a roadside breath test due to a cosmetic procedure she had undergone the previous day. At one point, she managed to form a seal around the breathalyzer tube and provide a partial sample but failed to complete the test.”
The officer described Tansey as “very arrogant,” reinforcing the perception that she was being deliberately uncooperative.
In court, Tansey explained that the cosmetic procedure she had undergone was Intense Pulsed Light (IPL) therapy, a non-invasive skin treatment that uses light to enhance complexion. She clarified, “I have had IPL treatments—a course of six. The treatment is applied to the face and is non-invasive. It removes hair from the chin area. These things happen as you get older. When I referred to my lip, I meant my upper lip.”
She stated that the treatment could cause swelling and mild discomfort due to the UV light used, emphasizing that she had sensitive skin. Tansey also expressed discomfort in discussing the procedure in front of male officers: “I was surrounded by seven men, and I did not want to say, ‘I have had all my upper hair waxed off.’”
Tansey described her emotional distress, saying, “I was shocked and extremely anxious about the situation.” She also claimed to have offered a urine sample when she was unable to provide a breath or blood sample, but officers declined. “If you ask me to give blood, it’s like my mind shuts down. No chance. No way. I was in a state of high anxiety, and my mind just goes somewhere else. I was angry that they refused to accept a urine sample. They wouldn’t listen. It was just a knee-jerk reaction. I go into defense mode,” she explained.
Tansey has been released on bail and is scheduled to be sentenced on March 4 at Liverpool Magistrate's Court.
References:
1. The Telegraph. "Drink-Driver Lawyer ‘Couldn’t Take Breathalyser’ Because She Had Her Lips Done." February 9, 2025. Accessed February 9, 2025. https://www.telegraph.co.uk/news/2025/02/09/drink-driver-lawyer-couldnt-take-breathalyser-lips-done/.
(Input from various sources)
(Rehash/Sai Sindhuja K/MSM)