Lawyer Denies Breathalyzer Test, Claims ‘Lip Surgery’ Impacted Ability.
A lawyer who was caught drink-driving claimed she couldn’t take a roadside breath test because of cosmetic surgery she had undergone on her lips, a court heard.
Rachel Tansey, 44, was stopped by police at 2:20 am on April 20, 2023, after her silver Range Rover Discovery was reported to be “weaving around” the road at just 20 mph in a 60 mph zone. However, when asked to blow into the intoxilyzer machine, Tansey, a barrister, told officers she couldn’t seal her lips around the tube because of the recent cosmetic procedure she had.
The mother of three, who lives in a £1.4 million mansion in Formby, Merseyside, was later quoted saying: “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.”
After being informed that she would need to provide a blood sample, she responded defiantly, saying: “Good luck trying to get blood from me. Let’s roll the dice. I will not consent to blood.”
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Tansey was subsequently charged with failing to provide both breath and blood samples.
At Sefton Magistrates’ Court, Tansey denied the charges, insisting she had not been drinking. She explained that she had been driving slowly because she had dropped a chicken wrap she was eating and was also swilling mouthwash into a cup while driving along Formby Bypass. Additionally, she claimed her refusal to provide a blood sample was due to an undiagnosed phobia of needles. According to her, the cosmetic surgery did not involve any needles.
District Judge James Hatton convicted Tansey of both charges, stating: “From the moment that you got out of the car you attempted to manipulate this situation. You have tried to delay and delay and delay the officers. You tell the officers that you had nothing to drink. Clearly you had at least something to drink."
He continued: “You refused as soon as you were aware of the roadside and you made no proper attempt to blow at the roadside. You say you had your lips done. Clearly you are now trying to backtrack from the obvious meaning of ‘I have had my lips done’ because you knew by inference it would infer a needle being used.”
Judge Hatton also addressed her behavior, saying: “You were argumentative with police at the police station, argumentative with the prosecutor today in court. When told about blood you made no mention of the phobia, you said ‘Roll the dice.’ You won’t let your pulse be taken, you won’t let your blood pressure be taken, you won’t even try.”
The judge further rejected her account, saying: “I find it extremely unlikely indeed that you would be eating a chicken wrap, chewing gum, and swilling the mouthwash and spitting it into a cup while driving along Formby Bypass. I reject your account in its entirety as there is no support for it. You are a witness who lacks any kind of credibility whatsoever.”
Tansey was granted bail ahead of her sentencing, with Judge Hatton remarking: “This will likely be dealt with by way of a community order. But I will not tie the hands of the sentencing court and will leave all options open, including custody.”
The incident occurred after Tansey, who also owns a bar in Liverpool, was reported by an off-duty police officer who had observed her erratic driving. Pc Thomas Moore, who attended the scene, described the situation: “Upon opening the vehicle I could smell the scent of alcohol and she seemed to be slightly erratic in her behaviour. She automatically said she had been drinking plenty of mouthwash and eating chewing gum.”
Moore continued: “She said that she would be unable to provide a roadside breath test because she had cosmetic surgery on her lips the day before. She was putting her lips around the tube and forming a seal at one point to provide a partial sample but could not complete and provide a full sample.”
The officer also noted that Tansey was “very arrogant,” further intensifying the impression of defiance.
In court, Tansey explained that the procedure she had undergone was IPL (Intense Pulsed Light), a non-surgical skin treatment using light to improve complexion. She clarified, “I have had IPL treatments – a course of six. You put them on your face and it is not invasive. It takes any hair from around your chin. These things happen when you get older. When I told them about my lip it was my upper lip.”
Tansey explained that the treatment could cause swelling and mild discomfort, noting that it used UV light and she had sensitive skin. She also expressed feeling uncomfortable discussing the treatment in front of the officers: “But when I was talking about the procedure I have had, I was surrounded by seven men. I did not want to say ‘I have had all my upper hair waxed off.’”
The barrister expressed anxiety and frustration about the situation. She said: “I was shocked and really anxious about what was going on.” She also offered a urine sample in lieu of a breath or blood sample, but officers refused, which she interpreted as further tension: “If you ask me to give blood it’s like the shutters come down. No chance. No way. I was in a high state of anxiety at the time and my head just goes to a different place. I was really angry that they would not take the urine off me. They would not listen. It is just a knee-jerk reaction. I just go into defence mode.”
Tansey has been granted bail and is scheduled for sentencing on March 4 at Liverpool Magistrates’ Court.
