A MAN accused of drink driving in Britannia Car Park was only using his car for warmth, a court heard.

Curtis Shaw denied one charge of being in charge of a motor vehicle whilst being above the alcohol limit before magistrates on Tuesday.

The defence argued Shaw, of Crome Road, Clacton, was sitting inside a Ford Focus for warmth on Sunday, February 25 and had no intention of driving the vehicle.

When police officers tested Shaw’s blood alcohol concentration using a Breathalyzer test, results showed he had 92 milligrams of alcohol in 100ml of breath.

The legal limit is 35 milligrams of alcohol in 100ml of breath.

Miss Niulsen, defending, said: “He never intended to drive the vehicle at any point – he was waiting in the vehicle for warmth.

“There was a period of 15 minutes the defendant spent in the vehicle before the police officer came over.

“He wasn’t intending to drive off anywhere.”

Chair of the bench Andrew Campbell told Shaw, 27, he will stand trial before magistrates in July next year.

He said: “The trial has been set for July 17 of next year – that’s a considerable time away.

“You are granted unconditional bail to appear at that time and date.”