A POLICE force was last night planning talks with the Crown Prosecution Service after celebrity lawyer Nick Freeman exposed a legal loophole which led to a drink driving case being dropped.

Mr Freeman, who was at Northallerton Magistrates' Court, North Yorkshire, yesterday to represent 56-year-old care worker Patricia Lumley, said the case could have widespread implications.

Ms Lumley, formerly of Northallerton, but now of Otley Road, Harrogate, had pleaded not guilty to a charge of drink-driving. She was arrested in Boroughbridge Road, Northallerton, in the early hours of December 12, 2005, before being taken to Northallerton Police Station, where she was breath tested and charged.

Ms Lumley had 45 micrograms of alcohol in 100ml of her breath. The legal limit is 35.

The reading was not disputed in court, but Mr Freeman said the correct procedure was not followed by the custody sergeant during the breath test.

The case was adjourned for legal argument after almost three hours of evidence.

Prosecutor Michael Hammond then offered no evidence and the charge was dismissed.

Mr Hammond told the court it had emerged that it was a civilian detention officer who had formally charged Ms Lumley, not a police officer.

He said: "As far as I was aware, that was something that the detention officer is authorised to do.

"Having studied the statute - the Police Reform Act 2002 - there appears to be no justification or legal entitlement for that detention officer to charge the defendant. Inquiries are under way as we speak."

After the hearing, Mr Freeman, nicknamed Mr Loophole after winning motoring cases on legal technicalities for the likes of Manchester United manager Sir Alex Ferguson and former England captain David Beckham, said: "This is the first time I have come across a case where a civilian has charged somebody. I don't believe it is widespread, but if it is, it could have massive consequences.

"If people have been convicted on the basis of unlawful charges, then those prosecutions should be reviewed and people refunded any money they have paid."

Ms Lumley said: "I have won, but I am very bitter about the way I have been treated."

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