A MUSSELBURGH man has avoided a driving ban after he was caught in charge of a vehicle while over the legal alcohol limit.

Mario Delacruz, 37, was caught sleeping in his van in an Edinburgh car park after he had been out drinking with friends in the city last year.

Delacruz was spotted by police officers sleeping in the passenger seat of his van but they also saw his keys were lying nearby on the driver’s seat.

The officers woke the Spanish national up and, after noticing he had been drinking alcohol, decided to breathalyse him.

The tests showed that Delacruz, of The Promenade, was more than four times the drink-drive limit.

Delacruz appeared at Edinburgh Sheriff Court, where he pleaded guilty to being in charge of the vehicle at the time on October 20 last year.

Solicitor Peter O’Neill said that his client had been out with friends in the Leith area of the city and had decided to “sleep it off” before going home the following day.

Mr O’Neill said that Delacruz had been in the UK for about five years and had moved to Scotland last July.

He currently works as a cleaner and has sold the van he was found sleeping in.

The lawyer added: “He is sorry and knows it should not have happened.”

Sheriff John Cook fined Delacruz £315 and told him that he would have 10 penalty points placed on his licence.

Delacruz pleaded guilty to being in charge of a motor vehicle with 94mcg of alcohol in 100ml of breath at Nichollfield, Edinburgh, on October 20 last year. The legal limit is 22 mcg.