A drink-driver, caught in the early hours at a petrol station, was going to get his children’s breakfast, a court heard.
Abdul Majid Muhmood (32) who had passengers, became agitated when police spoke to him.
He claimed to officers: " I haven’t driven the vehicle. It’s parked up. We are just chilling.”
Burnley magistrates were told a roadside breath test proved positive and Muhmood was arrested.
As police had not seen him driving the car, they asked for CCTV footage. Mrs Philippa White, prosecuting, told the hearing “That clearly showed the defendant driving onto the forecourt."
Muhmood blew 54 microgrammes of alcohol in 100 millilitres of breath at the police station. The legal limit is 35. Mrs White added he had no previous convictions for excess alcohol and had not been before the courts since 2013.
Mr John Rusius, defending, said Muhmood had had a drink the day before. He had gone to bed early about 8pm and woke up early, at about 4am.
The solicitor continued:"He realised food was missing for the children’s breakfast for the morning and he had gone to the shop at the Texaco garage. He was parked there when police attended, but, of course, he was found to be over the limit and was taken to the police station.”
Mr Rusius added: " He was somewhat surprised he was over the limit. He felt fine to drive."
The defendant, of Bankhouse Road, Nelson, admitted driving when the alcohol level was above the limit, on Scotland Road, in the town, on July 26th. He was fined £120, with £85 costs and a £32 victim surcharges and was banned for 14 months.