A BUILDER said to have the lungs of a 92-year-old failed to give a breath test after police pulled him at the wheel of a tipper truck.

Burnley magistrates heard how father of two David Edwards, 31, had been spotted driving the vehicle erratically in the early hours in Nelson.

Edwards, who claimed he had never said he had not had a drink, sought medical advice because of lung problems but a medic had confirmed he would have had the capacity to give a breath test and could have done it.

The defendant, of Highfield Crescent, Nelson, admitted failing to provide a specimen. He was banned for 18 months and fined £100 with £50 costs.

Sue Campbell, prosecuting, told the court Edwards was narrowly missing parked cars and a taxi had to swerve to avoid him as he was on the wrong side of the road.

He was stopped, swore and said to police: "Come and get me." The defendant got out of the truck, was unsteady on his feet and was arrested. At the police station he was obstructive and refused to answer questions.

Mrs Campbell said when officers tried to breath test him, Edwards either stopped blowing or made weak efforts.

Mark Williams, defending, said Edwards would say he had not deliberately failed to provide a sample.

He never claimed he would not be over the limit and he had done his best. The defendant had been to see his doctor over his lung problems and was due to see a specialist. He was said to have the lungs of a 92-year-old.

Edwards was self employed and had had a few drinks after working late on a Friday. He accepted he would have been over the limit.

Mr Williams added: "The defendant is a one-man band and not having a licence is going to have an effect on that. The business will keep going but he will have to pay his brother to drive."