A 21-YEAR-OLD man seen leaning into a car in the early hours of the morning told police his girlfriend, who was in the passenger seat, had been driving.

Blackburn magistrates heard she claimed James Andrew Nelson had been behind the wheel and police accepted her version after she sat in the driver's seat and her feet didn't reach the pedals.

Nelson, 21, of Clement Street, Accrington, pleaded guilty to driving with excess alcohol and while disqualified.

He was sentenced to 12 weeks in prison suspended for 12 months, banned from driving for three years, ordered to do 200 hours unpaid work and pay £115 victim surcharge and £85 costs.

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Enza Geldard, prosecuting, said Nelson had been banned for driving with excess alcohol in April.

Graeme Parkinson, defending,said Nelson and his partner had been for a night out with another couple but had argued. When they got home he got out of the car but she refused.

Shortly after she rang to say the other couple had made her get out of the car and demanded that he came and picked her up.

"He foolishly got in her car and went to get her," said Mr Parkinson.