A DRINK driver was caught out after two cans of lager had 'topped up' the alcohol in his body from a heavy session, a court heard.
Burnley Magistrates heard how fork lift truck driver, Simon McGlynn-Roberts, 27, had been drinking until about 6am the night before.
McGlynn-Roberts, of Holcombe Drive, Burnley, admitted driving with excess alcohol and was fined £150, banned for 12 months and must pay £55 costs.
Andy Robinson, prosecuting, said about 11pm, the defendant was stopped by police on Belvedere Road, Burnley, as part of a routine check.
His eyes were glazed and when he was asked if he had been drinking, he said he had.
A roadside breath test proved positive and Robinson was taken to the police station, where he gave two samples of breath. The lowest reading was 48 micrgrammes of alcohol in 100 mililitres of breath -- the legal limit is 35. He declined the option of giving a sample of blood.
Rachel Hodgson, defending, said McGlynn-Roberts had had two cans of lager that evening but the night before he had had a heavy drinking session until 6am. The two cans had topped up the alcohol in his system.
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