A DRIVER more than three times the limit in the early afternoon staggered out of his vehicle and was unsteady on his feet, a court was told.

Burnley magistrates heard how Brian Mulhall, 57, had had a problem with drink since the death of his mother, suffered from depression, and had not been eating as he should have done.

He had earlier been warned by justices he could go to jail.

Mulhall, of Skipton Old Road, Foulridge, admitted driving with excess alcohol on October 24. He was given an 18-month community order and banned for three years. He must also pay £50 costs.

The court was told that, as a result of information, police found Mulhall parked at the side of the road. He smelled of alcohol and a breath test was positive.

He was taken to Burnley police station, where the lowest of two breath tests showed 117 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35. Mulhall had no previous convictions.

Nick Dearing, defending, said Mulhall had had a problem with drink since his mother died just over 12 months ago. He had been out shopping, and had had a couple of drinks in a Colne town centre pub before he set off back home. Mr Dearing said the last three weeks had been extremely stressful for Mulhall as he had been warned custody may be an option. He had no idea how he would cope with any form of prison.

The solicitor added Mulhall was a man of some education, a professional, and came from a good background. He knew he would be banned for three years because of the high reading.