Driver of upside down car in Skegness said he had '˜been attacked'

However, the officers saw that he was covered in broken windscreen glass and required him to take a breath test, which he failed to do three times, said prosecutor Jim Clare.

Shaun Michael Lymer, 28, of Scarborough Avenue, Skegness admitted failing to provide a breath test when he appeared before magistrates in Boston.

Mr Clare said police found a bumper bar in the middle of the road at Roman Bank in the early hours of July 29 and, from the registration plate, discovered the car belonged to Lymer.

They then conducted a search and found a car upside down in a garden with its lights on and the airbags deployed.

A search for the driver took place and Lymer was found nearby claiming he had been attacked but officers did not believe him as he was covered in broken windscreen glass.

Despite being given three opportunities he did not give a breath test, said Mr Clare, but officers took him to hospital for a check up.

He added that Lymer had been convicted of driving with excess alcohol in 2010 and 2013 and had only recently finished a driving ban.

Mitigating, Andrea Wilkes said Lymer did not accept he was over the prescribed alcohol limit at the time of the accident and there was nothing in the police statement to show that his driving had been impaired.

She said he had been driving to his mother’s because he was depressed and unable to sleep following the breakdown of a relationship and he had crashed because there had been something in the road and he had swerved and gone down the bank.

She said a driving ban was not mandatory for the offence for which he was before the court and that on his previous excess alcohol offences he had cooperated and given a breath test and on this occasion he thought he had been doing it correctly as instructed by the police officer.

The magistrates imposed a fine of £276 with costs and charges totalling £115 and put four points on his licence.