A lawyer for Gerard Depardieu has argued the actor's drink-driving charge is illegal because his client was "not completely sober" when informed about it.

The Cyrano de Bergerac star crashed his scooter in Paris, France in November (12) and was allegedly found to be three times over the country's legal alcohol limit.

Depardieu's lawyer Eric de Caumont appeared in court in the city on Friday (24May13) and claimed that Depardieu, who missed the hearing because of filming commitments, had been drinking Champagne before he fell off his vehicle and was still too drunk to understand what was going on when he was charged.

However, police insist the actor was "conscious, lucid and able to respond" when he was charged.

Prosecutors are calling for a 10-month driving ban and a $5,270 (£3,400) fine, but de Caumont wants the case dismissed over allegations correct procedures were ignored when police measured the amount of alcohol in Depardieu's bloodstream.

Judgement has been deferred until next month (Jun13), according to Britain's Daily Telegraph.