A FATHER-of-two who gave a positive roadside breath test became aggressive when told he was being arrested and said he was going nowhere.

Burnley Magistrates heard how structural engineer Ian Bowker, 47, struggled with an officer and ended up being CS gassed -- but it had no effect on him. He then "flatly refused," to give breath samples at the police station.

Bowker, of Railway Street, Barnoldswick, admitted failing to provide a specimen and resisting a police officer.

The defendant, who has a previous conviction for drink-driving, was banned for three years, fined £430 and ordered to pay £55 costs.

Andy Robinson, prosecuting, said the defendant was stopped because he was not wearing a seat belt.

The police officer noticed Bowker smelled of drink and he provided a positive roadside breath test. Bowker was told he was being arrested, became aggressive and pushed the officer backwards. He clenched his first and said he was not going anywhere.

Mr Robinson said the officer tried to handcuff the defendant, but he struggled and lashed out and said he had to pick his wife up. There was further scuffling and the defendant was warned he would be CS gassed if he did not calm down. He was squirted with gas but it had no effect and the officer called for back-up.

The officer suffered grazes to his shin and cuts and grazes to both hands during the struggle.

Richard Taylor, defending, said Bowker had become very distressed because he had been going to pick up his wife.

He was more upset with himself than anybody else. He knew he had let himself and his family down. The defendant, who worked in London, now had to get there by coach.

Bowker fully accepted he behaved very poorly. He apologised and had pleaded guilty at the first opportunity.