The Defendant was prosecuted for driving whilst unfit through alcohol. The issues in the case were the breath alcohol level (38) was such that driving would not have been impaired and fitness to be detained. Richard Berman (Gold panel lawyer) instructed by Laura Heywood (reviewing lawyer) persuaded the Magistrates to impose penalty points for careless driving with no disqualification after the prosecution were persuaded to offer no evidence for the driving whilst unfit matter.