Britney Spears surrounded by paparazzi in a gas station in Malibu. Los Angeles, California - 15.10.07

Michael Flanahan argues Spears is always driven to distraction by the flashbulbs going off in her face - and prosecutors looking to make an example of the pop star for a recent hit and run incident should consider that.

Spears was booked on the charges in Van Nuys, California on Monday night (15Oct07) and now faces a court date on 25 October (07).

Flanahan says, "Remember, she's surrounded by 30, 40, 50 photographers taking her picture. There's a little bit of distraction and she's concentrating on more things than her driving."

Source: WENN