Man and dog almost squashed when parked van with sleeping driver at the wheel rolled towards them, court told
One man and his dog were almost "squashed" when a parked van with a sleeping builder at the wheel rolled rolled forward towards them, a court heard.
Burnley magistrates were told how the vehicle, with snoozing 62-year-old Zbigniew Rzasa in the fully reclined driving seat, then hit another van four feet in front of it.
The dog walker, who had been going through the gap between the two vehicles, knocked on Rzasa's window, he didn't wake up and the witness took pictures.
The defendant, who is from Poland, then came to.
Police arrived and breath tested Rzasa, who blew 52 microgrammes of alcohol in 100 millilitres of breath at the roadside. The legal limit is 35.
The defendant, who has no licence and wasn't insured, was then taken to the police station, where he didn't provide a breath sample. Rzasa, who claims he only had alcohol after he stopped and had not been drink- driving, had no previous convictions.
Miss Cathryn Fell, defending, told the hearing Rzasa borrowed the van from a customer. He believed the vehicle was insured.
The solicitor continued: " He has had a provisional licence for some time.
"He says due to work commitments and the costs of a test he has not taken it. He has had a licence in Poland for a substantial period of time."
Miss Fell said the defendant had been working that day and pulled into the side of the road to have a rest.
He put the seat back and the vehicle moved.
Miss Fell added: " He says he can't explain that. As far as he knew the handbrake was on.
"The witness knocked on the car door. He says that the witness was aggressive and abusive towards him. He says he was punched by that witness. "
The solicitor said there was some whisky in the car, but Rzasa didn't accept he had been drink-driving at all. He couldn't provide a sample at the police station. Miss Fell said:" There's no medical reason why he couldn't. "
She added:"He wishes to apologise for his behaviour on that day. He says he didn't have a drink whilst he was driving.
"It was only after he stopped that he had a drink. "
Rzasa, of Oxford Road, Nelson, admitted failing to provide a specimen for analysis, driving otherwise than in accordance with a licence on Oxford Road and no insurance.
He was fined £150, with a £30 victim surcharge and £85 costs and was banned for 12 months.