A Barnoldswick dad who failed to give a police station breath test after being found in a vehicle which stank of drink suffered from asthma, a court heard.
Burnley magistrates were told how part-time car valet Adam Garth (32) was arrested after police came across the Volvo parked up just after midnight. It had cans of drink in the passenger footwell. Garth's speech was slurred and his eyes were bloodshot.
The defendant, of Conway Crescent, admitted failing to provide a specimen of breath despite being the person in charge of the vehicle in Barnoldswick on November 16th. He was fined £80 and must pay £85 costs and a £30 victim surcharge. His licence was endorsed with 10 points.
Mr Keith Rennison, defending, told the hearing Garth did try on two occasions to provide a sample, but regrettably both were inadequate for evidential purposes. The defendant suffered from asthma, for which he self-medicated, so there would be nothing recent on his medical notes. He also had an undiagnosed chest infection at the time.
Mr Rennison continued: "There are no like convictions and nothing since 2010. There is no evidence of any impairment and no evidence of the defendant having driven. The vehicle was not seen to move at any point."
The solicitor added Garth was also a carer for his son.