A man found asleep in his van near Machynlleth refused to provide a breath sample to police and insisted he hadn’t been driving, a court has heard.

Aksel Sabala, 43, pleaded guilty to failing to provide a breath specimen when he was asked to by police on 6 May.

Helen Tench, prosecuting, said police were initially called to a potential crash at Penegoes at around 3am and found a van, which had suffered damage, parked by the side of the road.

There didn’t appear to be anyone with the van, but when officers opened the doors, an alarm went off and they saw someone was lying in a sleeping bag.

The officers had to rouse Sabala, of 41 Alson Street, Penley in Wrexham, and he used the van’s key to turn off the alarm.

Sabala told the officers that a friend had been driving the van but, as nobody else was there and Sabala had the key, they asked him to take a breath test.

Ms Tench said Sabala refused to take a roadside breath test, but after he was arrested gave a breath sample at the police station that showed he was almost twice the drink-drive limit.

However, a second sample required by law was not provided by Sabala, despite him telling officers he was trying his best.

Defence solicitor Danielle Lodwig insisted it was not a deliberate failure to provide a sample, but that Sabala had been anxious as he had never been arrested or in trouble with the police before.

She said he had been in the area working as a caterer and had been sleeping in the van when he was woken by police officers.

Ms Lodwig said that a driving ban would cause problems for Sabala’s family as he was the only member of the family who drove and he would not be able to travel for work any more.

While Ms Lodwig said Sabala had not deliberately refused to provide a breath specimen, presiding magistrate Haydn Davey said magistrates felt it was a deliberate refusal.

Sabala was banned from driving for 17 months. He was also fined £500 and will pay costs of £135.