Ashes hero Graeme Swann's failed to thrown out the drink-drive charge- just hours after bowling England to victory against Australia - allegation out of the court.
Swann lawyer tried a lot to dismissed the case on legal technicalities but a judge ruled that it should go ahead.
District Judge Julia Newton said: "There is a case to answer, in my view."
The case was adjourned for a two-day trial in February, which Swann is due to attend.
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