A DRINK driver was too full of the Christmas spirit after he sunk a bottle of vodka before being spotted with his scooter by an off duty police officer.

David Christmas was seen with his Peugeot Kisbee moped in School Lane, Alresford, going slowly and veering from side to side across the road shortly after 5am.

The witness quickly lost sight of Christmas and was worried the rider might have fallen off the moped so stopped and turned the car round to look for him.

He then found him pushing the moped and realising he had drunk alcohol called for assistance from uniformed officers who attended shortly afterwards.

After being cautioned Christmas, 37, told officers immediately he had far too much to drink.

A breathalyser test showed he had 113mcgs of alcohol per 100mls of breath, more than treble the legal limit of 35.

Christmas, of Coppice Road, Alresford, admitted drink driving at Colchester Magistrates’ Court but insisted he was only ever pushing the moped - never riding it.

Gavin Burrell, mitigating, said Christmas had gone through a turbulent time in his personal life in the weeks leading up to the incident.

He said: “His grandmother had died a few weeks before.

“He lives with his mother who has a number of neurological conditions and it is stressful for him.

“He has suffered with alcoholism all his life and things became too much.

“On the day he went to Tesco to buy a bottle of vodka - drove to a bus shelter and drunk the whole thing. That is why the reading was so high.

“He says he pushed the bike and the witness may be mistaken.

“The light was on to avoid him being struck but he accepts he was drunk in charge of the vehicle.”

Christmas, who works in Sainsbury’s, was banned from driving any motor vehicle for 26 months.

He was handed a 12 months community order where he must undertake 60 hours of unpaid work and pay £85 costs and an £85 victim surcharge.