A drink driver was looking for his brother who was missing when he was spotted by police with a mobile phone to his ear.
Piotr Rostkowski, 43, had received a phone call from his brother's wife indicating his brother had been missing for a number of hours.
Nottingham Magistrates' Court heard Rostkowski was worried about his welfare and decided to go out looking for him.
But he was seen by a police officer on March 21 holding a mobile phone to his right ear.
Mark Stocks, prosecuting, said: "The officer turned his vehicle around to follow and, as he followed the vehicle on to Arnold Road (Bestwood), he noticed the car was travelling slowly at 20mph.
"The officer decided he wanted to speak to the driver of the vehicle and activated his blue lights and the vehicle came to a stop.
"When the officer approached the driver, who was this defendant, this officer noticed the driver was still holding the mobile phone which had its screen illuminated.
"As the police officer opened the driver's side door, he says he was 'immediately hit by a strong smell of alcohol' and, as a consequence of that, he decided to administer a road side breath test".
The reading was over the limit, so Rostkowski, of Pavior Road, Bestwood, was taken to a police station where he gave a breath alcohol reading of 95 micrograms of alcohol in 100 millilitres of breath, over the limit of 35.
He pleaded guilty to the charge at court on Thursday, October 15, and driving whilst using a mobile phone.
The court heard in mitigation about the call regarding Rostkowski's missing brother, how he accepts he should not have been driving and should not have been using his phone.
Rostkowski received a community order, 100 hours of unpaid work to completed within 12 months and a two-year driving ban. His licence will be endorsed to show both convictions. He has to pay £85 prosecution costs and a victim surcharge of £95.
