Woman charged by civilian cleared

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A woman has been acquitted of drink driving after it emerged that she was charged by a civilian worker at a police station.

The prosecution case against Patricia Lumley, 57, collapsed at Northallerton and Richmond Magistrates' Court on Thursday, solicitor Nick Freeman said.

Mr Freeman said his client was acquitted after it was found the employee had no power to charge her.

He said he did not believe it was an isolated incident.

The detail emerged unexpectedly during the hearing, he said.

'Not one-off'

Three magistrates hearing the case ruled Ms Lumley, of Harrogate, had appeared before the court on an invalid charge. She was acquitted and awarded legal costs.

Mr Freeman, nicknamed "Mr Loophole" for helping celebrities escape conviction for driving offences, said he suspected the situation was not a "one-off".

He said: "This highlights a situation where civilian employees obviously have limited powers, but the police are taking advantage and extending them unlawfully.

"I don't suspect this is a one-off. How widespread is it? How many people have appeared before the courts on invalid charges?"

Car veering

The solicitor said the court had heard police had followed Ms Lumley on 12 December, 2005, and saw her car "veer from one side of the road to the other".

He said she was taken to Northallerton Police Station and found to have been driving with 45 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35 microgrammes.

Ms Lumley said she knew she was over the limit and expected to lose her licence when she attended the hearing on Thursday.

A spokeswoman for the Crown Prosecution Service confirmed Ms Lumley was acquitted and said it was considering whether to appeal against the decision.

A North Yorkshire Police spokesman said: "We will consider this decision carefully and will be looking for early discussions with the CPS."