LATEST: Model Caprice Bourret's solicitor has told a London court "alcohol halitosis" does not merit a minimum one-year driving ban penalty. The 34-year-old Texan faces the ban after being arrested in central London on 10 December 2005. She subsequently failed a test, which showed her to have more than the legal limit of alcohol in her blood. Caprice pleaded guilty to drink driving, but her legal representative NICK FREEMAN, who is nicknamed 'Mr Loophole' in the UK, told Highbury Magistrate's Court yesterday (22AUG06) that the smell of alcohol in her breath did not mean she was intoxicated. He said, "She had had a lot to drink. I would not concede on her behalf that she was too drunk to remember. "There is a total absence of any suggestion of intoxication in this case. Nobody is suggesting that she was displaying any symptoms at all other than alcohol halitosis." Freeman previously argued his client's alcohol levels were inflated by the anti-histamine drug Cipro which she had taken for a bladder infection. District Judge EMMA ARBUTHNOT will deliver her judgement on Friday (25AUG06).