A musician caught drink driving after a morris dancing festival failed to get his conviction quashed.

David Simms, 39, of Blake Road, Bicester, blamed several factors for failing a breathalyser test in May 2002 -- including the paste he used to fit his new dentures.

Yesterday his legal team, headed by barrister Nigel Ley, argued at London's High Court that the machine used for his test was not up to scratch.

Mr Ley attacked an Oxford judge for refusing to allow the appeal after Simms was found guilty in March.

But Lord Justice Tuckey, sitting with Mr Justice Field yesterday, said the Oxford judge's decision was "unass- ailable".

He said Simms had come up with defences to the charge that showed "undoubted ingenuity" -- but he could have no complaint with his conviction.

The court heard Mr Simms went to a morris dancing festival in Kirtlington on May 26, 2002, where he had three pints of beer. Simms told the original court hearing that after the festival -- where he was playing the harmonica -- he consumed another pint, before going to a friend's farm in Chesterton.

There he had two homemade Sloe gins and a double whiskey, before arguing with his friend, ordering a taxi which didn't arrive and eventually driving home. The court heard that at about 1am police saw Simms' Ford Granada being drived erratically by a police officer in Kingsclere Road, Bicester.

When Simms got out of the car, he had a glazed look and could not speak properly.

Simms, who was found to be almost three times the drink-drive limit, claimed his drinks had been spiked. He said his slurred speech was due to his new denture paste, which he also blamed for the high alcohol reading.