A HONDA employee refused to give police a specimen of breath after McDonalds staff alerted them to a possible drink-driver buying burgers at their drive-through in the early hours, a court has heard.

But when tow truck driver Krzysztof Roszak, of Cunetio Road, appeared before magistrates sitting in Swindon, the court was told there was a language barrier and he didn’t understand why they wanted the specimen because he had not been driving and had lent his car to a friend, so that is why he refused.

However, on Wednesday the 29-year-old pleaded guilty to failing to provide a specimen while in charge of a vehicle.

Pauline Lambert, prosecuting, told the hearing: “It’s 6am on May 22, police have been asked to attend McDonalds in Greenbridge after staff believe that a vehicle has driven through the drive-through with an intoxicated male driving it.

“Police find the vehicle gone when they arrive. They go to the address shown of the registered keeper and where it is shown to be insured.

“There they can see two men. They go to speak to the driver and Mr Roszak is sat in the driver’s seat.

“There is another male eating food from McDonalds, other McDonalds wrappers are in the back. There are open beer cans and they can smell a strong smell of beer coming from the car and Roszak smelt of alcohol.

“They asked him to provide a specimen of breath and he was slurring his words. He declined to provide a roadside specimen. He was taken to the police station and refused again twice.”

Cathy Thornton, defending, said: “He didn’t fully understand the police officer. His friend asked to borrow the car to go to McDonalds and it wasn’t him driving the car.

“He is not allowed to smoke in the house and when his friend returned he opened the driver’s door and his friend moved to the passenger seat.

“The defendant understood police wanted a specimen of breath but couldn’t understand why. He hadn’t driven the car and had no intention of driving, but didn’t know the law and officers took it as refusal.

“But ignorance of the law is no defence. He feels a bit of a twit.

“He was confused and didn’t see why he should. It’s perhaps a shame police don’t hand out leaflets in Polish.”

And she added: “He did refuse but I hope you give him some leeway, it was a simple misunderstanding of the situation.”

Chairman of the bench June May said: “While failing to provide a specimen while in charge of a vehicle we are giving you ten points on your licence which means you can still drive but if you get caught for anything else it will bring you over the 12 point limit and you will be disqualified.”

Roszak was also ordered to pay costs, a fine and a victim surcharge totalling £365.