A FORMER soldier caught out over the limit had had a run of bad luck, Burnley magistrates heard.

Darren Stewart's marriage was in trouble, his sister had died and on top of all that he had been arrested for drink driving.

Stewart, 22, of Carr Road, Nelson, admitted driving with excess alcohol. He was fined £55, banned for 12 months and must pay £40 costs.

The court was told that after police stopped the defendant he gave a breath test showing 52 micrograms of alcohol in 100 millilitres of breath -- the legal limit is 35.

Graeme Tindall, defending, said Stewart, who was stopped because he may have been speeding, had been out for a drink with his brother. He was an "inadvertent drink driver".

He had a pint, a bottle of Smirnoff Ice and then a sip of Jack Daniels. The defendant, formerly an infantryman, had left the Army last September after injuring his wrist. He was on incapacity benefit and awaiting further surgery.

Mr Tindall said Stewart had had a number of difficulties recently but it was hoped his run of bad luck was ending.