A 41-year-old Darwen man ordered to leave his wife's home by police was stopped from driving away by the same officers because they thought he smelled of alcohol.

Blackburn magistrates heard that in the course of his arrest the two officers had grappled with Lee Warren Cox and he was eventually overcome with the use of CS gas, but not before he had punched one of the officers on the nose.

But the court heard that when he was subsequently breathalysed Cox gave a nil reading.

"He was doing what he was told to do and then he was stopped," said John Dewhurst, defending.

"If he had been allowed to drive away he would not be appearing here today."

Cox, of Norris Street, Darwen, was convicted after a trial of assaulting a police officer.

He was sentenced to 120 days in prison suspended for 12 months.

He was also made subject to community supervision for 12 months with a condition he receives counselling.

Catherine Allan, prosecuting, said police were called to a domestic dispute in Ellenshaw Close and when they arrived Cox was standing with his fists clenched.

He was asked to leave and stormed past the officers and got into the driver's seat of a car.

"The officer was concerned he might be over the limit and reached in and turned off the ignition," said Miss Allan.

"The defendant turned it on again and the officer then asked him to get out of the car."

Mr Dewhurst said his client had not set out to commit an offence.

He had gone round to his wife's house because their eldest daughter had gone missing and he had spent much of the night looking for her.

"He was extremely distressed that his daughter was spending the night away from home," said Mr Dewhurst.

"The daughter returned the following morning and he was annoyed with her.

"His wife was annoyed with his reaction and the daughter sent for the police.

"What has happened to him over the last two or three years is tragic and perhaps explains why he was over protective towards his daughter."