A drink driving cemetery worker had a brush with death after he crashed on the M5 while swerving to avoid 'a shadow'.

Wayne Humphries believes the shadow may have been a fox and swerved into the barriers, flipping his Mazda onto its roof at junction 5 (Wychbold).

The 40-year-old bereavement services officer at Astwood Cemetery in Worcester miraculously escaped the crash unharmed.

Humphries of Ullswater Close, Warndon, Worcester admitted driving with excess alcohol when he appeared before magistrates in Worcester on Thursday following the crash on June 5 this year.

He had to be taken to Worcestershire Royal Hospital in Worcester by ambulance where a blood sample was taken, revealing 109mg of alcohol in 100ml of blood, above the legal limit of 80mg.

The defendant was heading southbound after drinks in Birmingham when the accident occurred at 2.58am.

Ralph Robyns-Landricombe, prosecuting, said: "Officers were called to attend the M5 southbound near to junction 5 to reports of a vehicle that had crashed and ended up on its roof across a live lane carriageway."

His car was across lanes two and three with 'extensive damage and all airbags deployed'. "All the other traffic had come to a standstill" said the prosecutor.

Humphries was described as 'smelling strongly of intoxicating liquor' and failed a roadside breath test, blowing 73mcg (the legal limit being 35). An evidential blood specimen was taken later at the hospital.

Mr Robyns-Landricombe added: "He was arrested and cautioned for driving while over the prescribed limit. He stated 'I had one pint'. He was transported by ambulance to Worcester A&E."

In interview Humphries said he had had 'a couple of pints' followed by two non-alcoholic drinks but 'did not feel drunk'.

"He was approaching junction 5 when he saw what he thought was a shadow and swerved to avoid it, colliding with the nearside barrier and flipping his car onto its roof" he said.

Nobody else was with him in the car.

Amar Sanghara, defending, said Humphries worked for the council at Astwood Cemetery. His client had made full and frank admissions.

"He had consumed what he felt would have been an appropriate amount of alcohol which would allow him to remain under the alcohol limit. He stated he did not feel drunk or tipsy or intoxicated when he made the decision to get back in his car.

"He stated he believed it was a small animal of some sort, either a fox or something of similar shape. He swerved and struck the barriers which caused the accident. He did not sustain any injuries."

Humphries was hitherto of good character. "He loses that good character today" said the solicitor.

He has informed his employers of his court appearance. Part of his job requires him to have a full driving licence. They were said to be awaiting the outcome of the court hearing before reaching any decision.

Magistrates banned Humphries from driving for 12 months, fined him £327 and ordered him to pay costs of £135 and a victim surcharge of £34.

A drink drive rehabilitation course was offered. If completed successfully and at the defendant's expense this will reduce the length of that disqualification to nine months.