An ice cream man has been banned from driving after getting behind the wheel of his van while drunk. 

Mariusz Kekus was pulled over in his shiny purple Cadbury-branded ice cream van at around 1.15pm in the afternoon by an eagle-eyed traffic cop who noticed he wasn't wearing his seat belt on September 5.

During the stop, the officer noticed alcohol on his breath and Kekus was required to provide a roadside sample, and he was arrested when it came back positive. 

In custody, he gave an evidential reading of 81 microgrammes of alcohol in 100 millilitres of breath.

Appearing before Salisbury Magistrates' Court,  Kekus, of Mascroft Road, Trowbridge, was handed an 18-month ban from driving and told to pay a £599 fine, as well as costs and a victim surcharge. 

Prosecutor Charles Nightingale said the officer described him as "polite and compliant throughout" the process and confirmed that his ice cream van was "properly documented".

He said that due to the nature of the vehicle he was driving, it was an aggravating feature because "he would be heading to an area where he would be prepared to sell ice cream to members of the public, which could include young people".

But Philip Hatvany, defending, said that his client was driving to an industrial estate for repair work, because "the freezer was not working properly and the ice lollies were melting”.

He added: "My client had consumed a lot of alcohol the previous evening, so much so that he was still over the limit the following day. When he woke up, he didn't feel drunk, he didn't feel over the limit."

Mr Hatvany asked the magistrates to accept that this was a case of "non-intentional drink driving as opposed to an intentional drink driving when someone gets into the vehicle knowing full well they were over the limit".

He told the court that Kekus' ice cream business would "come to an end" and his other employment at a furniture warehouse was "in jeopardy" because he needed to be able to drive.

He said the firm will endeavour to keep him on, but the "longer the ban, the harder it will be".

Mr Hatvany outlined a number of family problems to the court, suggesting that a lengthy driving ban may put more pressure on his wife and result in their separation. He said that his nine-year-old daughter will also be heavily affected.

He added: "If my client is banned for a long period of time, it will be horrendous. The longer the ban, the more disastrous the repercussions.”