ROAD safety campaigners today reacted with disbelief after a drink-driver who was found asleep behind the wheel of his car kept his licence.

Stuart Philp, 41, was more than three times the legal alcohol limit when police found him slumped in his parked car, with the engine running.

He told officers he would have driven home.

He walked out of Selby Magistrates Court with 13 penalty points but still with his licence, after justices heard he would lose his job if he was disqualified.

Sgt Jo Smith, of Selby police, said: "You can't just sit in a car saying that you are not going to drive. You are still in control of it and it is still deemed as dangerous. Obviously the courts have made their decision, we have to respect that. However it would not stop us pursuing the same kind of action in future."

Cathy Keeler, of Yorkshire-based road safety charity Brake, said the case sent a bad message to other drivers.

She said: "Drinking and driving is one of the areas where the law comes down particularly hard and it is disappointing that they have not in this case.

"What sort of message is this sending to people who are considering driving after they have had a drink?"

The court heard Philp, of Brook Street, Selby, had gone to his car to collect a CD after a night out.

He started the engine and fell asleep, before police arrested him for being in charge of a motor vehicle while over the alcohol limit.

Philp, a sales representative, pleaded guilty.

Steve Ovenden, prosecuting, told the court Philp had drunk 12 pints at a pub before walking to his car in New Lane on January 21.

"The next thing he could remember was seeing the police who challenged him," he said.

Breathalyser tests showed that Philp had 109 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35 microgrammes.

Martin Legg, mitigating, said the father-of-two was suffering from family and financial problems, and would be sacked if he lost his licence.

Philp was fined £250 and ordered to pay £50 costs. He was given ten penalty points but spared automatic disqualification.

Updated: 09:42 Monday, January 30, 2006