A 52-YEAR-OLD man who moved his car while over the drink drive limit has escaped a ban -- because he was being threatened by a neighbour.

Blackburn magistrates heard that Edward McDonagh had failed a subsequent breathalyser but they agreed with Basharat Ditta, defending, that there were special reasons why he should not be banned from driving.

Mr Ditta urged the magistrates to make their decision based on the shortness of distance travelled and the circumstances that led him to drive, early in December last year.

McDonagh, of Brothers Street, Blackburn, pleaded guilty to driving with excess alcohol. The magistrates accepted that there were special reasons not to disqualify him and adjourned sentence until July 16 so that insurance documentation could be verified.

The court heard that police were called to Brothers Street at 4.30am and took a man away from the scene.

At that time McDonagh was going to move his van to allow the other man to get his caravan off the driveway but a police officer warned him not to because he had been drinking, the court was told. When the police returned 10 minutes later they saw McDonagh reverse his van off his driveway and then park it on the pavement two houses further up the road.

Mr Ditta said the distance driven was very short and the circumstances extenuating.

McDonagh told the court he had "a few drinks" the day before when he had been to the christening of a grandchild.

He had gone to bed at about 11 pm and in the early hours was woken by the other man banging on the door, demanding that McDonagh moved his van.

McDonagh admitted that he was scared of the man who he said had threatened him.

He said he had offered his keys to the police officer and asked him to move the van.

Announcing their decision the chairman of the magistrates said they accepted that McDonagh had been "very frightened" of the other man.

They accepted that was the main motivation for him doing what he did.

"We accept that you had gone to bed with no intention of driving and you were woken in the night," said the chairman.

Mr McDonagh's son Eamon was found dead near the Moorings pub, Bolton Road, Blackburn, on January 29, in an unrelated incident. A 23-year-old Blackburn man has been charged with murder.