POLICE who found a man asleep at the wheel of his car later found he was banned from driving.

Burnley Magistrates heard how Carl Edward Hedley, 38, who lost his licence for drink driving, was originally going to be charged with excess alcohol related offences, but they were discontinued.

Hedley escaped custody even though the bench said he had deliberately driven while subject to a court order.

He was given 150 hours community punishment , disqualified for 15 months and must pay £65 costs.

The defendant, of Pleasant View, Burnley Road, Bacup, had admitted driving while disqualified and using an uninsured vehicle.

Philippa White, prosecuting, said police went to Crown Point Road, Burnley, and found the defendant asleep in his car.

The vehicle was in a position which meant it couldn't be moved and when officers made checks, it turned out Hedley was banned.

Bill Berry, defending, said Hedley was not an habitual offender. He had one relevant previous conviction and his court appearance had caused him great worry and concern.

The defendant was in no doubt whatsoever he was in danger of going to custody. He was in a stable relationship and although currently unemployed he had a job interview coming up.

Mr Berry added Hedley was in good health and perfectly capable of working for the good of the community.

The solicitor went on :"We are constantly being told the prisons are full and the defendant would not benefit from a custodial sentence. He has learned the error of his ways and a community penalty would be the most appropriate way of dealing with him."