A DECORATOR who took refuge in his van to eat his Chinese takeaway after a night in a Warndon pub has been found guilty of being drunk in charge of the vehicle.

Donald Macbeth denied the charge when he appeared before Worcester magistrates yesterday, despite the fact a breath test showed he had drunk more than twice the legal limit of alcohol.

"How can I be arrested for drink driving when I was only sat in my van eating my food," said 44-year-old Macbeth from Bradfield Gardens, Great Meadow, Warndon, Worcester.

"I only had the engine running to keep warm - I didn't think I was breaking the law."

Paul Whitfield, prosecuting, told the court that police had been alerted to a car park near the Golden Dragon takeaway on Friday, March 15, following a call from the public.

Magistrates heard that when officers arrived at the scene, they found Macbeth eating spring rolls. He was sitting in the van with the key in the ignition, the lights on and the heater running.

"I asked him to turn off the engine and then carried out a roadside breath test which he failed - but he had already said it would be over the limit," said PC Robert Williams.

A second reading at Worcester Police Station revealed Macbeth had 81mcg of alcohol in 100ml of breath. The limit is 35mcg.

Macbeth, who is currently going through a divorce, admitted he had drunk seven or eight pints before leaving the Poachers Pocket pub to get a takeaway.

"I have been staying with my brother, which is over the road from the pub, and felt a little bit awkward about taking my supper back," Macbeth told defence solicitor Louise Hooker.

"I was in control of what I was doing. I knew the brakes were on and it was in neutral and had no intention of driving.

"It was raining outside and I put the heater on to keep warm.

"When I finished my food, I was going to lock up the van and walk over the road to my brother's house."

Macbeth was fined £300 and ordered to pay £145. Magistrates ordered his driving licence should be endorsed with 10 points.