A Lithuanian motorist was caught using a forged licence when a police officer spotted him text messaging while driving.

Kestatus Cvirka, was in a yellow van on Wootton Bassett Road in Swindon when a passing patrol saw him using his mobile phone.

The 22-year-old was driving the vehicle collecting clothes as part of his work for a breast cancer charity Do Not Delay.

But traffic police discovered the East European’s driving licence was not genuine which meant he was also uninsured.

Marion Langford, prosecuting, told Swindon Crown Court how Cvirka was stopped on Wednesday, October 20 last year.

She said he was seen texting and after being stopped admitted what he had done and handed over what purported to be his Lithuanian licence.

Cvirka, of Albion Street, pleaded guilty to possessing a forged identity document with intent.

He also admitted having no insurance, using a mobile while driving and driving otherwise than in accordance with a licence. The court heard he also had a large knife in the side pocket of the vehicle but prosecutors offered no evidence after he pleaded not guilty to that allegation.

Jonathan Lynn, defending, said his client would have argued he had good reason for having the knife had that been proceeded with.

He said Cvirka was entitled to be in this country and the forged licence had only been used to facilitate him driving.

Mr Lynn said he had been in the country for about three years, had a partner and small child and was just trying to earn a living to support them.

He said he worked for the charity, which is better known in Lithuania, earning about £200 a week.

Imposing a suspended sentence Judge Douglas Field said “You were caught driving with a forged driving licence and the courts take these offences very seriously.

“Unless there are exceptional circumstances what is called the custody threshold is passed, in other words the punishment should be imprisonment.

“I accept that you did not use this licence to gain entry to the country: if you had done it would be even more serious.

“You used this forged licence to drive and it follows that it was used for insurance, which was invalid.

“Driving with no insurance can have very serious consequences because if you had an accident the injured party might be left without redress.”

He imposed a 16 week jail term suspended for a year and fined him £100 with 10 points for the driving matters.

The judge added “I have given you a chance to stay in work and to provide for your family; do not be tempted to drive until you have passed a test in this country.”