A MAN living in his car who turned the engine on to warm up was prosecuted after he refused to allow police to test him for alcohol, a court heard.

Magistrates were told that Marc Carding was sitting in his car in Barrow on the night of July 24 when he was approached by police.

Suspecting he may have drunk alcohol, officers asked to provide a sample of breath but he refused.

The 36-year-old admitted failing to provide a specimen of breath when he appeared before South Cumbria Magistrates' Court.

Prosecutor Lee Dace explained the circumstances.

He said: "The defendant was seen by police officers in his car parked in a lay-by on Park Road.

"They thought he appeared nervous and fidgety and appeared to be trying to hide something.

"He was asked to provide a specimen but refused and was taken to Barrow custody.

"He was again asked to provide a blood sample and refused to do saying he didn't agree with the circumstances."

In mitigation, Trystan Roberts described how Carding had been living with his aunt but moved out for a few days to give her space.

"He had been taking the dog out. He went back to his vehicle and switched it on to warm up," he said.

"Many people are jittery and nervous when approached by police.

"He didn't think he had done anything wrong so didn't want to provide a sample.

"He felt he didn't need to in the circumstances and tried to explain this to the police but felt they were not listening."

Mr Roberts told the court a police search of the vehicle did not find anything untoward.

Sentencing Carding, chair of the bench Jackie Forster said Carding's refusal was 'deliberate'.

Magistrates fined him £576 for the offence and told him to pay a £230 victim surcharge and £85 in costs.

They handed down ten penalty points.

As he was leaving the dock, Carding, of Sowerby Avenue, was warned any further offences or points could lead to him losing his licence under the totting-up procedure.