Blackburn man's three nights in cells for smelling of alcohol (From This Is Lancashire)

Blackburn man's three nights in cells for smelling of alcohol

4:31pm Wednesday 9th July 2008 in

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A 42-year-old man was arrested and spent three nights in a police cell because police smelled alcohol on his breath.

Blackburn magistrates heard that Jimmy Lee was in breach of an anti-social behaviour order (ASBO) because he was “under the influence” while in a public place.

But defence solicitor Basharat Ditta said ASBOs were introduced to prevent a certain type of behaviour and not to criminalise what for anyone else would have been perfectly acceptable behaviour.

“Had it not been Jimmy Lee who was subject to an ASBO the police would have driven straight past,” said Mr Ditta.

“If he hadn’t been subject to the order he would not have been arrested.

"The bottom line is he wasn’t doing anything wrong and I ask you to consider what he is being punished for.”

Charlotte Crane, prosecuting, said officers on patrol in Northgate at 3.30pm on Friday had seen Lee on a bench outside a bar.

When they approached they could smell alcohol on his breath and he was clearly under the influence of alcohol.

Lee, of Limbrick, pleaded guilty to breach of the order and was fined £100 with £45 costs.