Oxford United chairman Nick Merry avoided a driving ban thanks to a celebrity lawyer dubbed 'Mr Loophole'.

Mr Merry was due to stand trial at Oxford Magistrates' Court yesterday for failing to provide a sample of breath at a police station, which, if convicted, leads to a driving ban of at least a year.

Police stopped the 46-year-old in the early hours of August 24 after he drove a black Bentley away from a lap-dancing bar. The court heard Mr Merry tried to blow into the breathalyser twice, but it did not register because of his chronic asthma.

But lawyer Nick Freeman, defending - who has helped clear Jeremy Clarkson and David Beckham of driving offences - said officers failed to follow their own guidelines after the first breath test, by offering him another chance 'out of kindness'.

And because they did not take Mr Merry to a police station for urine and blood samples, as laid down in Government guidelines, it made the entire test invalid, Mr Freeman added.

After two hours of legal argument prosecutor Ann Howes offered Mr Merry a lesser charge of failing to provide a roadside sample. Mr Merry pleaded guilty and was acquitted of the higher charge.

It was never suggested in court that Mr Merry was over the drink-drive limit. Mr Freeman said: "The custody sergeant remarked that my client was co-operative and did not appear drunk.

"When asked to provide a specimen of breath he made attempts, each time short sharp blows. He has been a chronic asthmatic all his life."

Miss Howes told the court that the millionaire businessman, of Church Street, Bloxham, was spotted by police driving away from Cassiopeia lap-dancing club in Banbury at about 2am.

He was pulled over in Marlborough Road and agreed to provide a breath test. She said: "They conducted a road side breath test but Mr Merry didn't blow as instructed. Police gave Mr Merry a second chance but again he didn't blow as instructed."

Mr Merry was arrested and taken to Banbury Police Station, she added. But Mr Freeman said the breath test was invalid because officers failed to follow the guidelines.

During the hearing police were sent to St Aldate's Police Station to pick up a police handbook for District Judge Brian Loosley to read.

The prosecution conceded that mistakes had been made and dropped the charge of failing to provide a sample of breath.

Mr Merry was ordered to pay a £100 fine and £60 costs. He was also told to pay a £15 'victim surcharge' - a Home Office fee which goes to support services for victims of crime.

Mr Merry's licence was endorsed with four penalty points. He was cleared of allowing a vehicle to be used without insurance.

Mr Merry paid the fine immediately. He left in a different car from that at the time of his arrest - a green Bentley.

A statement issued by Mr Freeman's PR company repeatedly referred to drink driving charges being dropped, not failing to provide a breath sample. It did, however state Mr Merry was "relieved it's all over."