Prosecuted for moving her car for the binmen

Drop Folder News / ATEX News.18/10/10. Pic Kevin Allen.'Scarborough Magistrates Court.'104208a
Drop Folder News / ATEX News.18/10/10. Pic Kevin Allen.'Scarborough Magistrates Court.'104208a

An alleged drink driver has slammed the “daft” decision to prosecute her, claiming she was only moving her car ahead of bin day.

Hunmanby’s Angela Myers will stand trial over allegations she was more than three times the drink drive limit when she tried straightening the Vauxhall Frontera on her drive.

Scene Setter'Havercroft Road Hunmanby'PA1533-9a

Scene Setter'Havercroft Road Hunmanby'PA1533-9a

But the 48-year-old is fighting the charge, with her solicitor claiming “there’s no case to answer” as the alleged offence took place on private land - namely her front garden.

At Scarborough Magistrates’ Court, Miss Myers denied a charge of attempting to drive while drunk, and speaking after Thursday’s hearing she slammed the Crown Prosecution Service’s decision to charge her.

“There are people out there robbing the elderly yet I’m in my garden not hurting anybody and I’m being brought to court - it’s ridiculous,” she said.

She claims she only got behind the wheel to move the bulky Frontera a few feet on her Havercroft Road driveway to help bin men the next morning, and to free up some space for friends to park.

But a passer-by, the court heard, watched her erratic late-night driving on July 20 and called police who arrested her.

At Thursday’s magistrates hearing, the CPS defended it’s decision to bring action, stating Mrs Myers wasn’t being accused of drink driving but had instead been charged with attempting to drive while drunk.

The court heard that the defendant is alleged to have had 109 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35 microgrammes.

But her solicitor Robert Vining claimed the law states that someones front garden isn’t a public space - and called for the case to be dropped.

“There’s no case to answer as she has to be in a public place,” he said, adding he’d never encountered a case like it in his decades of practising law.

“The simple matter of it all is that it’s got to be public and it was not.”

Mrs Myers will stand trial at Scarborough Magistrates Court on October 1.

She has been bailed until then and told she’s still allowed to drive until the hearing.

And she added: “I’m hoping that when it goes back to court it will be thrown, as it’s daft.”