A WAITER has been given a three-year driving ban after his second drink drive conviction.

Burnley Magistrates heard how young dad Giovanni Ciraolo, 28, would face both practical and financial problems because of the disqualification.

Ciraolo, of Valley Street, Burnley, admitted driving with excess alcohol. He was fined £100, banned for three years and must pay £55 costs.

Tom Snape, prosecuting, said in the early hours police in Brown Street, Burnley, stopped a car being driven by the defendant.

Ciraolo's breath smelled of alcohol and a roadside test proved positive. The defendant said he had only had one pint.

He was arrested and taken to the police station, where the lower of two breath tests showed 42 microgrammes of alcohol in 100 millilitres of breath -- the legal limit is 35.

Ciraolo, who had a previous conviction for excess alcohol, was given the option of providing a blood test, but declined.

Glen Smith, defending, said Ciraolo worked six nights a week.

He had had a bottle of beer over several hours and nothing to eat at all on the night before the offence.

He then went out into Burnley town centre and had one drink.

The defendant, who worked in Colne, would face both practical and financial problems when he was banned.