A driver refused to give a breath sample after police stopped his van during a burglary investigation.

Luke Parker, 30, was stopped by officers on duty in the Crosland Moor area in the early hours of February 8.

Linda Fowler, prosecuting, told Kirklees magistrates that as they followed the Peugeot Partner Van being driven by Parker he slowed to allow a passenger out of the vehicle.

That passenger stood in the way of the police vehicle as the van continued on its journey.

When they managed to stop Parker, of Kimberley Place in Halifax, they noticed that he smelt heavily of intoxicants.

He was arrested and refused to give two breath samples at the police station, claiming that he was depressed.

Erica Topham, mitigating, said that a member of the public had contacted police to say they believed a burglary was taking place in the area.

She said: “They arrived to look at this and my client and his brother were coming down the road in the van.

“They decided to stop the van as they believed they could possibly be the people who committed the burglary.

“When he was at the police station along with his brother he failed to provide because he believed he’d been stopped unlawfully.”

The court heard that no further action had been taken against Parker, a plasterer, regarding the burglary.

Magistrates banned him from driving for 38 months after he admitted failing to provide a specimen of breath.

The lengthy ban came because Parker had a previous similar conviction on his record.

He must also pay £260 fine, £85 costs and £26 victim surcharge.