A man accused of drink driving denies the offence - as he claims he carried on drinking while in the back of the police car.
Vanil Burman was approached by police after pulling into the BP petrol station in Leeds Road, Huddersfield, on January 21.
He was taken to their vehicle and asked to provide a roadside breath test.
This showed that the 40-year-old had 47 microgrammes of alcohol in 100 millilitres of breath, prosecutor Jill Seddon told Kirklees magistrates.
The legal limit is 35 microgrammes.
But Burman denies charges of driving while over the prescribed limit and using a vehicle without insurance.
His solicitor Zahid Majeed explained that he’d drunk some alcohol during the day but was not over the limit.
He then went to the petrol station to buy some milk and sat in the back of the police station while they spoke with him.
Mr Majeed told magistrates that Burman was in the vehicle for an hour and drank from a small bottle he had with him there, later discarding it in the car as he left.
Burman, of Huddersfield Road in Ravensthorpe, was told that his trial will take place at the Huddersfield court on June 4.
