A DRUNK DRIVER who crashed into two parked cars spent 13 hours in a police cell before officers declared he was sober enough to be released, York magistrates heard.

Louise Freeman, prosecuting, said Thomas Edward Kershaw, 27, was more than twice the legal drink-drive limit six-and-a-half hours after the smash in Bishopthorpe Road in the early hours of May 14.

The 27-year-old history undergraduate and sandwich bar manager had refused to give a breath test immediately on his arrival at Fulford Road Police Station sometime after 1.45am. The officer who arrested him noted that he smelled of alcohol.

"It became apparent that he was heavily under the influence of intoxicating liquor and was in fact drunk," said Ms Freeman.

Kershaw, of Kensington Street, South Bank, pleaded guilty to failing to provide a sample of breath and was banned from driving for two years. He was also put on supervision for 12 months and ordered to carry out 180 hours' unpaid work for the community and attend a probation service rehabilitation course for drink-drivers.

Ms Freeman said Kershaw was driving a Ford Fiesta along Bishopthorpe Road when he lost control and it crashed into two parked cars at about 1.45am on May 14.

Both parked vehicles were damaged. Kershaw fled the scene and walked home, where he was arrested shortly after the crash. At 8.11am, he did give a breath test, which showed a reading of 84 micrograms of alcohol in 100 millilitres of breath. The legal limit is 35. Questioned by officers at the police station, he said he could not recall the collision.

For Kershaw, Andrew Thompson said he was not released until the early evening of May 14, when officers decided he was safe to drive again. He spent 13 hours in custody.

He had had a drink at a students' union bar that evening and a further five or six pints in the city centre with friends.

He had intended to walk home, but when he reached his parked car, decided to drive the final quarter-mile to his home.

Kershaw had been going through a difficult time because his fiance had broken off their engagement and left him with debts related to the cancelled honeymoon and wedding reception.

Updated: 10:22 Saturday, June 18, 2005