A MAN who admitted being in charge of a vehicle while drunk has avoided losing his licence after explaining how he needed his car to take his partner for chemotherapy.

James Collier, 48, of Bowood Road in Swindon, appeared at Swindon Magistrates Court on Wednesday to face the charge of starting his car in the Tesco Extra car park on March 16 while he had 84 microgrammes of alcohol in 100ml of breath in his system. The legal driving limit is 35.

Pauline Lambert, prosecuting, said: “At around 8.45pm, Tesco staff reported seeing a man sat in a van in a mother-and-toddler bay. They were concerned about him as he had not responded to them. They could hear loud music coming from the vehicle. They banged on the window, then opened the driver’s side door and saw the keys in the ignition.

“Mr Collier’s eyes were closed and his head was resting on his chest, and when he woke up he said he had been drinking. He gave no comment in interview.”

Collier had previously been convicted for having excess alcohol in his system back in 1993, 1997, 1998, 2002, 2004 and 2005.

Richard Demczak, defending, said: “On the night of the incident, he had gone shopping and was buying birthday cards for his child when he met up with an old friend who invited him to a pub, only intending to have one drink which turned into one too many drinks.

“He went back to his van, turned the keys in the ignition, turned music on, then fell asleep and didn’t drive the car.

“He is currently the sole carer for his partner, who is about to undergo chemotherapy, and he would not be able to work without his licence. Taking his licence away would not only be punishing him but also the people who rely upon him.”

Collier was fined £282, must pay £85 in costs and £30 to victim services and was given 10 penalty points on his licence.