A MAN has been spared jail after his car overturned following a night out drinking.

A taxi driver who saw Michael Burton, 26, driving on to St Cuthbert's roundabout in Darlington said the car went over onto its roof for no apparent reason.

Blair Martin, prosecuting, told Darlington magistrates that Burton gave a reading of 130 microgrammes of alcohol in 100 milliltres of breath when police arrived at about 2.30am on May 28. The limit is 35.

"The vehicle crashed into road furniture and the witness saw the defendant climb out of the vehicle, " said Mr Martin.

"He said that Mr Burton was clearly drunk and could barely stand up.

"While at the police station he was argumentative and refused to co-operate with police, answering 'no comment' to all of their questions.

"Mr Burton also had a small bag of herbal cannabis on him for which he was arrested and cautioned."

Leanne Galbraith, mitigating, said Burton, who admitted drink-driving, realised he had acted foolishly.

"I would urge you not to give this young man 12 weeks custody, " saidMiss Galbraith.

"He made a very early full admission. He said to the officer at the scene, 'I am stupid, I do not know why I did it'.

There's no getting away from that.

"It was in the early hours of themorning and very few people were around.

"A part from road furniture, the only person who has been affected and injured by this is Mr Burton.

"He comes from a good family, is in employment and also faces a restriction on his liberty by losing his licence."

Burton, of Lodge Street in Darlington, was given a 12month community order with 100 hours unpaid work.

He was also given a curfew, which will run from 9pm until 7am, Thursday, Friday, Saturday and Sunday for the next eight weeks.

Chairman of the bench Rajeev Devgan said: "I believe you understand how serious this is. It is so serious that we were considering a custodial sentence. It is just lucky nobody else was hurt."