A CHARD man who was found sat in his car in a layby and then failed a breath test escaped a driving ban when he appeared in court.

Police received a call from a concerned family member as to the whereabouts of Tristan David Tyler Evans and they found his vehicle in Chillington with the engine still running.

His solicitor said the defendant had never intended to drive and was just seeking some solace on his own and was going to sleep in his vehicle.

Evans, 28, of Henson Park, pleaded guilty to being in charge of a vehicle after consuming excess alcohol on April 6 when he appeared before District Judge Angela Brereton at Yeovil.

Prosecutor Andrew Meadows said that the police received a welfare call from a member of Evans’ family and they found his vehicle parked in a layby near a gravel pit.

“The defendant was sat in the driver’s seat with the engine running and admitted having consumed alcohol,” he said.

“He failed a breath test at the roadside and then a further test at the police station revealed a reading of 50mcg of alcohol in 100ml of breath, the legal limit being 35mcg of alcohol.”

Greg Peters, defending, said that Evans accepted culpability for the offence, expressed remorse and had no previous convictions.

“His intention was to sleep in his car and just be out of the way on his own,” he said.

Evans was not given a driving disqualification but instead his licence was endorsed with10 penalty points on his licence and he was fined £47 with £40 costs and a £19 victim surcharge.