A MOTHER who refused to give police a breath test has lost a fight to have a 12-month ban quashed.

Burnley Crown Court heard how Janet England, 38, also known as Stansfield, had been found sitting in the driver's seat of a vehicle after it had been seen being driven erratically.

Police had reasonable cause to believe that either she had been the driver or was in charge of the vehicle after having had alcohol.

It was not established she had been behind the wheel but there was a prospect of her driving the car.

England, who had a previous conviction for excess alcohol, had asked that part of her case be held in secret but a judge said public justice should apply.

The court was told England's son had health problems. But Judge Peter Smith said: "The public is entitled to hear them because they might say they are just not true."

Judge Smith, sitting with two magistrates, said despite everything which had been said about England's personal circumstances, the 12-month ban imposed by magistrates should be upheld.

England, of Bird Street , Brierfield, had earlier been convicted of failing to provide a specimen.

Neil Fryman, for the appellant, told the court a man had seen a car swerving from side to side in Brierfield.

Police attended and England was sitting in the driver's seat. She said she had not been driving. The car engine was hot to touch.

England gave her proper details but refused to provide a breath test. She had been banned for 15 months after being convicted of excess alcohol in 1996.

Anthony Cross, for England, urged the court to say England should not be disqualified.

Her son had learning difficulties, had significant visual impairment and had recently suffered trauma that had left him blind for about two days.

She had special needs in respect of the child and despite all that had managed to get a full-time job.

The location of her job and shiftwork meant she found it difficult to use public transport.

On the night of the offence, her friend had been driving but she was sitting in the driver's seat when police arrived.

She had been indignant about the accusation being made against her. She had not driven and had no real intention of driving.

Mr Cross said England was in charge of the vehicle and did not believe she was committing any offence.