had pleaded guilty to drunk driving walk out of a court room unpunished.

Magistrate Edward King ruled on Tuesday that Marco Pesci was not guilty of drunk driving due to a typographical error in the Police prosecution's summary of evidence.

A breathalyser test of the 22-year-old man at around 4 a.m. on June 21 -- he had been spotted earlier that morning swerving from side to side on Front Street -- gave a reading of 109 milligrams of alcohol in 100 millilitres of blood, Sgt. Phil Taylor told the court.

The legal limit is 80 milligrams of alcohol in 100 millilitres of blood.

Pesci, of Harbour Road, Paget, pleaded guilty to the offence.

But Mr. King told Sgt. Taylor to examine his summary of evidence again.

When Sgt. Taylor said he saw nothing wrong, Mr. King said: "Then I find the defendant not guilty. Mr. Pesci, you're free to go.'' It was discovered that the summary of evidence stated that Pesci had .109 milligrams of alcohol in 100 millilitres of blood -- far below the legal limit.