A man stopped by police on suspicion of drink-driving only appeared drunk because an eye condition, a court was told.

Self-employed painter and decorator Phillip Morgan was pulled over near to Castle Hill on July 6.

Police said that the 53-year-old displayed classic signs of drinking, including having glazed eyes.

But Morgan’s solicitor told Kirklees magistrates that his client had an eye condition that made his eyes look watery.

Morgan, of The Village in Farnley Tyas, pleaded guilty to failing to provide a specimen for analysis.

Linda Fowler, prosecuting, said that the offence happened at around 7.30pm. Police were asked to search for a male suspected of drink-driving near to the Almondbury landmark.

Officers spotted Morgan’s Ford Focus and pulled behind it.

Mrs Fowler said: “The vehicle was weaving from one side to the other and the driver was struggling to keep in his lane.

“The vehicle turned onto Castle Hill Side and almost collided with the dry stone wall.”

Morgan stopped his car in a lay-by and was asked to sit in the police car.

Mrs Fowler told magistrates that as he walked to the car he was unsteady on his feet, his speech was slurred and his eyes were glazed.

He was arrested and taken to the police station where he refused to provide breath samples but admitted that he’d had a “skinful”.

Mike Sisson-Pell, mitigating, said that his client had previously been the subject of malicious phone calls made to police.

He told magistrates this appeared to be the case on this occasion and police conducted an area search as a result of the call made.

Mr Sisson-Pell said that it would have been impossible to weave from side to side on the narrow road as he turned past Victoria Tower.

He added: “His eyes were glazed because he has problems with his eyes and water collects in them.

“They are always glazed so there was no indication of drunkenness.”

Magistrates heard that Morgan did say that he had drunk a couple of bottles of Peroni before making his way home.

They banned the self-employed painter and decorator from driving for 12 months.

He must also pay £180 fine, £85 costs and £20 victim surcharge.

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