A FORMER delivery driver who narrowly escaped jail for a drink drive offence appealed his sentence.

Albert Walsh, 42, who used to play for Burnley Rugby Union Club, had been unable to stand still, his eyes were glazed and staggered after police followed his car and found him slumped at the wheel.

Walsh, who was later found to be three times the limit, told officers: "Thank you very much. I will see you later. I am taking the dog for a walk."

Walsh, of Beckenham Court, Burnley, was later convicted by magistrates and was given a 180 day curfew order, between 8pm and 6am and a 28 month ban.

He appealed against sentence at Burnley Crown Court, claiming his circumstances had changed and he could now do community service.

He was given 200 hours of unpaid work instead and the 28 month ban remains.

Recorder Philip Butler, sitting with two justices, said at first Walsh's case had not seemed the most attractive of appeals as he had maintained his innocence and indicated he would not comply with a curfew.

The judge added the appellant, who was at that time not suitable for unpaid work because of health problems, had failed to understand he had escaped a prison term "by a whisker".