A DRUNK man was found asleep and “covered in food” from his Chinese takeaway in his car in Brampton town centre, a court heard.

When police checked on Darren Slater, 36, he was visibly intoxicated and “incoherent” and sitting in his car with the keys still in the ignition to keep warm, Carlisle’s Rickergate Magistrates’ Court was told.

He admitted being in charge of a vehicle while over the drink drive limit.

Pam Ward, prosecuting, said police checked the car after noticing that it had been parked in Market Square, Brampton, for "a number of hours" with the lights left switched on October 17 last year.

Police tapped on the window because the defendant was asleep and when roused he was "visibly intoxicated" and "incoherent."

A breath test later confirmed that Slater, from Hallbankgate, near Brampton, had 51mcg of alcohol in 100mls of breath. The legal limit for driving is 35mcg, though there was no suggestion he drove while over the limit.

Andrew Gurney, defending, pointed out that a driving ban was not automatic for the offence of being drunk in charge of a vehicle.

The defendant, who works as a plasterer, already had ten points on his licence for a similar previous offence; a further ten points on Slater’s licence would render him liable to disqualification under the “totting up” procedure.

“But he lives in an isolated area and a ban would have a substantial impact on him,” said Gurney, who argued that a ban would cause Slater “exceptional hardship.” He would would be unable to work or pay his rent.

From the dock of the court, the defendant told magistrates that his work involved travelling across a wide area, to places such as Whitehaven, Cockermouth, Workington and Carlisle.

He was unable to get lifts from a friend or relative and nor was he in a position to employ a driver to ferry him around, he said.

Magistrates ruled in favour of not imposing a discretionary ban, telling Slater that he will not in the future be able to deploy the same reason for avoiding a ban should he acquire any more points on his licence.

He was fined £432, with a victim surcharge of £73 and prosecution costs of £300, making a total debt to the court of £905. He was also given another 10 points on his licence but not banned.

The presiding magistrate told him: “You are now driving with 20 points on your licence so you must not fall foul of the law in any way.” The defendant was told he can settle his debt to the court at a rate of £75 per month.