A suspected drink-driver from a Surrey village refused to give a breath test after being found asleep behind the wheel next to five empty bottles of whisky.

Staines Magistrates Court heard that police found Emilio Ascione slouched in the driver’s seat of a damaged silver Audi in a live lane of the A25 near Guildford early last October 25.

Police forced the door open as they couldn’t rouse the 36-year-old of Elstead Road, Shackleford, from his slumber, with officers also finding a handful of empty whisky miniatures in the central console.

The driver was arrested for failing to give a sample and later refused to take part in a blood test because he was scared of getting an infection.

Ascione was given a six-month driving ban last Monday (September 28) after admitting to a count of failing to provide a sample.

Richard Sampson, prosecuting, said: “He said the front of his vehicle had been damaged because of an object in the road and he pulled over as far as he was able.

“He had no breakdown cover so he decided to sleep in the vehicle. He said the whisky had been consumed in weeks prior but he hadn’t got around to removing the empties.

“But there was a deliberate failure to provide, and there was a reasonably high level of impairment in that he couldn’t be roused.”

Ascione, defending himself, accepted responsibility for failing to provide a sample, putting his actions down to a “state of panic, confusion and anxiety”.

He asked for ten penalty points instead of a ban because of the severe financial hardship it would cause, adding he was found with the engine off and making no attempt to drive.

In addition to the disqualification Ascione was also fined £846 and ordered to pay charges and costs totalling £738.