A 26-YEAR-old has escaped a driving ban arguing 'special reasons' that she was fleeing a domestic violence assault.
Hollie Milner admitted driving a motor vehicle when her alcohol level was above the limit earlier this year.
Milner, of Lansdowne Walk, Worcester, returned to Worcester Magistrates Court on Monday, (June 19), to make her appeal.
Sarah Hurd, prosecuting, said Milner had been stopped in a Ford in Castle Street after 11pm on March 31, following police initially being called to a domestic incident at Lansdowne Walk.
The court heard Milner gave an evidential specimen of 57mcg in 100ml of breath - the legal limit being 35mcg.
Ms Hurd said Milner had been "very aggressive" in the arrest, showing the police body cam footage at the scene to the court.
In the footage Milner could be heard shouting: "Do you think I wanted to drive my car?" - and the prosecutor said it was accepted Milner had told police she was escaping an assault during her arrest.
In the witness box Milner said she had two glasses of wine before her partner had been violent towards her and punched her car window while she was sat in the car.
Milner, who defended herself, told the court she had wanted to get to safety and go to the police station.
In cross-examination, Ms Hurd said the prosecution could understand a short-distance drive to escape the situation but their issue was Milner went on a three to four-minute drive, including on a main road.
The prosecutor asked if she had considered alternatives at the time like stopping and asking someone to call police.
"I wasn't thinking straight, I was scared," the defendant told the court," the defendant said.
"It is a tough argument to win - you can't justify driving as far as you did," Ms Hurd said.
"There is no excuse for it," Milner replied.
"The only thought process was to get to the police station."
After lengthy deliberations, chairman of the magistrates bench, Simon Freebairn, told the defendant they could see she had not been thinking clearly at the time.
The chairman said, given her state, it would have been unlikely Milner even considered the distance in the emergency and for that reason they found special reasons in her case.
Milner was not given the usual ban given to drink drivers.
The defendant was fined £92 and ordered to pay costs of £135 and victim surcharge of £37 - a total of £264.
At the end of the hearing the chairman told Milner: "Take care in future."
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