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Police caught a drink-driver who was still over the limit from the night before after staff at McDonald’s became suspicious when he did cartwheels in the restaurant car park.

Lester Newton, 52, of Barton Tors, Bideford pleaded guilty to one charge of drink-driving when he appeared at North Devon Magistrates’ Court on Friday.

The court heard that police had gone to Newton’s home on August 19 shortly after he visited the McDonald’s restaurant in Bideford that morning.

Giles Rowden, for the prosecution, told the court that staff at the fast food restaurant noticed Newton trying to do a cartwheel in the car park.

Mr Rowden said: “Staff members formed the opinion that he had been drinking. Police went to his address and he provided a positive breath test.”

Newton gave a breath test reading of 53 micrograms of alcohol in 100 millilitres of breath, the legal limit is 35 micrograms.

Laurence Overend, for the defence, said his client had previously attended his father-in-law’s funeral and that it was an “emotional day”.

Mr Overend said: “Having returned home Mr Newton and his wife had some alcohol. They went to sleep and early the next morning they to McDonald’s for breakfast.

“There had been the expiry of sleep and a good few hours before driving. He believed he would be under the limit. He accepts that he was mistaken in that opinion.”

Mr Overend said Newton was trying to cheer his wife up and “disputes undertaking any form of cartwheel in the car park”.

He said: “Perhaps his making light of the situation attracted the attention of staff at McDonald’s.

“He fully admitted that he drove and that he had some alcohol the previous night.

“He was open and honest and compliant with the police.”

Magistrates told Newton “We note your honesty and cooperation which is to be commended”.

Newton was banned from driving for 14 months and told to pay a £375 fine, £85 costs and £37 victim surcharge.