A MAN who had been drinking heavily the night before failed a breathalyser when he was stopped at 6.30pm.

Blackburn magistrates heard Hugh Seddon was only marginally over the limit and an hour later would probably have been under.

He still received a three-year ban because it was his second drink driving offence within a 10 year period.

Seddon, 25, of Dunham Drive, Whittle-le-Woods, pleaded guilty to driving with excess alcohol. He was fined £270 with £85 costs and £34 victim surcharge.

Leigh Morgan, prosecuting, said an officer followed Seddon off the M65 and stopped him because he didn't seem to know which lane he should be in.

"The defendant said he had got lost and taken a wrong turn but the officer smelled alcohol and he was breathalysed," said Ms Leigh.

Adam Whittaker, defending, said his client had not been drinking on the day of the incident.

"He had been drinking into the early hours and was marginally over the limit when he was stopped at 6.30 pm," said Mr Whittaker.

"He gave a reading marginally over the level at which Lancashire Police prosecute and I am sure if it had been an hour later he would not have been here today."

Mr Whittaker said his client had found a new job which was within walking distance of his home.