DRUNKEN Lee Whelan was just short of being a massive four times over the limit when police found him fast asleep in his car, a court heard.

But he claimed that although he was in charge of the vehicle, which still had the engine running, he never actually intended to drive any more that night.

Magistrates in Bury heard how officers found Whelan, aged 35, snoozing at the rear of the Tesco store in Prestwich.

When they questioned him, having finally managed to wake him, Whelan slurred his words and was unresponsive.

Then having drunk some of it on the car park he drove to the rear of the store to drink some more. His intention then had been to sleep off the effects.

In court Whelan, of Carr Avenue, Prestwich, pleaded guilty to being drunk in charge of a vehicle. He was found to have 138 micrograms of alcohol in 100 millilitres of breath. The legal limit is just 35. In his defence it was said that Whelan had been diagnosed as suffering from clinical depression.

The problems caused by this had been causing difficulties at home and on the night in question he had been asked to leave by his wife.

The magistrates decided to use their discretionary powers and, due to his personal circumstances not disqualify Whelan. However, they did fine him £500 and order him to pay court costs of £55.