A MAGISTRATE'S son who was caught driving while almost four times the alcohol limit has been spared from jail.

Burnley magistrates heard how Damien Thomas Culshaw, 38, could have been a danger to other road users and himself after getting behind the wheel in Accrington.

He gave a breath test revealing 120 microgrammes of alcohol in 100 mililitres of breath - the legal limit is 35.

The defendant, of Queens Road, Accrington, admitted driving with excess alcohol on 9 December last year.

Culshaw, who had been told the guideline sentence for what he had done was custody, was fined £1,000 with £65 costs and banned for 32 months.

He had no previous convictions and was offered the drink-drivers' rehabilitation course.

Mark Irlam, defending, said Culshaw, who had been working away, was going to spend the night at his mother's house. He went shopping and bumped into a friend who invited him to a pub to watch the Manchester United v Manchester City game. The defendant met up with people he had not seen for some time and had a lot to drink.

Culshaw intended to leave his car in the pub car park and could not explain why he got into it and set off to drive the short distance home.

His mother's was no more than a five-minute walk away and he had enough money for a taxi.

Mr Irlam said that in the past the defendant had taken car keys off people to stop them drink-driving and had helped raise funds for victims of such crimes

Culshaw was appalled at his actions and was extremely remorseful. His mother was a local JP and he wanted to apologise for the shame he had brought on his family.

Mr Irlam said Culshaw had heard the clang of the prison gates. He continued: "He is absolutely scared stiff of the prospect of custody.''