Believe it or not, a Toronto, Ontario man tried to convince a judge that even though his blood-alcohol content was over the legal limit, that he smelled like alcohol, and the fact that he couldn’t stay awake while sitting in the back of a police cruiser, that he was actually not legally impaired, but just fiddling with his BlackBerry.

Curtis Fee tried to explain that he was weaving all over Highway 401 near Toronto back on Oct. 29th, 2004, not because he was impaired, but because he was sending messages on his BlackBerry. The judge ruled that besides the fact that Mr. Fee’s blood alcohol content was above the legal limit, trying to send messages on his BlackBerry while barreling down the 401 constituted “sufficient evidence of the impairment of the faculty of judgment needed to safely operate a motor vehicle.”