The woman at the centre of the sleeping magistrate case has refused to go to court to give evidence.
The Crown Prosecution Service has now decided to drop any further proceedings against the man accused of a road rage outburst against her.
Sandy Strover told the Oxford Mail: "There is no way I am going to go through it all again. The magistrate should be fined for wasting the court's time and pay all the costs. I haven't even had an apology from him." Mrs Strover, who lives in Witney, gave evidence in July when Timothy Price, 27, of Windmill Road, North Leigh, pleaded not guilty to causing her fear and provocation of violence.
He was found guilty, fined £500 and ordered to pay £300 compensation to her.
The verdict was overturned when Mr Price's solicitor complained that one of the magistrates, Dr Stephen Vickers, fell asleep during the trial. A retrial was to go ahead yesterday at Witney Magistrates' Court. It did not happen because Mrs Strover refused to give evidence.
Bill White, of the Crown Prosecution Service, said: "The magistrates agreed the case should be discontinued."
The CPS had already warned Mrs Storver by letter that the case could not proceed without her.
Dr Vickers, of Glovers Close, Woodstock, was reprimanded by the Lord Chancellor's Advisory Committee.
Story date: Tuesday 19 October
Converted for the new archive on 30 June 2000. Some images and formatting may have been lost in the conversion.
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