Britney Spears will not face action over claims that she drove over the foot of a photographer in Los Angeles.

A lawsuit was filed by the paparazzo in May, nearly six months after the incident was alleged to have taken place.

In a Los Angeles court yesterday, Deputy District Attorney Joseph Shidler, who studied a video of the incident, said that the photographer was at fault.

"We have no evidence to prove beyond a reasonable doubt that the suspect was aware that the victim's foot had been struck by the car," the judge said.

"There was much commotion and noise at the time and there is no proof that the suspect was aware of what had happened."

Spears driving has come under scrutiny ever since she was photographed in 2006 driving with her son on her lap.

(by Jason Gregory)