A DRINK driver has been spared a motoring ban after a court heard how he unknowingly consumed alcohol.

Bolton magistrates heard how Dominic Berka, aged 24, of Little Gate, Westhoughton, was driving a Mercedes Sprinter van on Captain Lees Road, Westhoughton, on February 17.

A breath test revealed he had 58 microgrammes of alcohol in 100ml of his breath when the legal limit is 35.

Drink drivers are usually banned from holding a licence but Berka appealed to the court not to disqualify him from driving.

Berka pleaded guilty to drink driving but claimed that, at the time he was driving the van, he had not knowingly consumed alcohol.

Magistrates accepted his explanation and, instead of banning him from the roads, endorsed his driving licence with nine penalty points.

Berka was also fined £300 and was ordered to pay £85 towards prosecution costs and a further £30 in a victim surcharge.