A DRIVER failed an early morning breathalyser the day after drinking to drown his sorrow at the death of an uncle.

Neil Riley, 34, of Blackamoor Road, Blackburn, pleaded guilty to driving with excess alcohol and without insurance.

He was fined a total of £33 with £55 costs by Blackburn magistrates and disqualified for three years because of a previous conviction for drink-driving in 1993.

Riley agreed to be referred to the drink drivers rehabilitation programme which, if completed successfully could reduce his disqualification by nine months.

Oliver Goldman, defending, said Riley had been distraught following the death of his uncle and during the evening had drunk several cans of beer. He got up early the following morning and drove his partner's car, which he believed was insured for, to go and collect his work's van.