A DRINK driver has been banned for three years for his second conviction -- but was just eight weeks away from getting a shorter ban.

Burnley magistrates heard how a second excess alcohol offence in 10 years meant an automatic three-year ban -- and it was nine years and 44 weeks since Peter Whittaker's last conviction.

Whittaker, of Hollins Road, Nelson, admitted driving with excess alcohol and was also fined £70.

Andy Robinson, prosecuting, said just after midnight police in Nelson spotted the defendant not wearing his seat belt.

When he was stopped, they noticed Whittaker smelled of drink and a breath test showed 56 microgrammes of alcohol in 100 mililitres of breath.

The legal limit is 35.

The defendant had been banned from driving in November 1992..

Richard Taylor, defending, said Whittaker normally lived with his girlfriend and her father but the father had asked him to leave and he had been living with friends.