A SOLDIER caught out over the drink drive limit had been on his way to get some milk to make his disabled grandma a drink, a court was told.

Burnley Magistrates heard how Leon Dand, 20, who is in the Royal Signals based in Nuneaton, had been out for the evening on weekend leave. He then went to bed but had been awoken in the early hours by his grandmother who wanted a milky drink. Dand had got behind the wheel after finding there was no milk in the house and ended up hitting several walls and a lamp post.

He now faced double punishment -- as not only would he be sentenced in court but he also had the Army to answer to back at base.

The defendant, of Waterside Mews, Padiham, admitted driving with excess alcohol. He was banned for a year, fined £120 and told to pay £55 costs.

Andy Robinson, prosecuting, told the court police were called to a road accident on Burnley Road, Padiham, at about 4.30am. A car was in the middle of the road and was extensively damaged.

Dand was at the scene, told officers he had been driving and that he had lost control. He smelled of drink and gave a positive roadside breath test.

The defendant was arrested and taken to the police station, where the lower of two breath tests showed 54 microgrammes of alcohol in 100 mililitres of breath -- the legal limit is 35.

Bill Berry, defending, said Dand, a signaller, had come home by train, had had a drink on the way and had then gone out and had drink at night.

Mr Berry said the defendant, who skidded on leaves on the road, stayed with his car after the accdient and had got somebody to phone police. He waited for officers to arrive.

The solicitor added the offence was something Dand very much regretted. He faced double punishment as not only did he have to appear in court, but he would be facing a penalty from his superiors when he returned to his unit.