One of Australia’s greatest batters was both foolish and reckless when he drove after sharing a few glasses of wine with friends on Easter Sunday, his lawyer says.

David Warner returned a positive result for alcohol after he stopped short of a roadside test in Sydney’s east on 5 April, police said.

When he was taken to Maroubra Police Station for a secondary test, the 39-year-old allegedly blew 0.104 – more than double the legal blood alcohol limit.

The former Australian Test opener and current Sydney Thunder Big Bash captain was charged with mid-range drink driving.

He was not required to appear in Waverley Local Court on Thursday when his matter was first mentioned and quickly adjourned.

Warner has not yet entered a plea but his lawyer Bobby Hill foreshadowed a guilty plea at a later date when speaking outside court.

“He knows what he did was wrong,” he said. “He accepts that was a reckless decision, a foolish decision to get in his car instead of taking an Uber.”

The Fox Cricket commentator had enjoyed three glasses of wine at a friend’s apartment before making that decision, Hill said.

“It’s not a crime to have a glass of wine on the day of the lord’s resurrection. In fact, some would consider that completely appropriate,” he told reporters. “His crime is, as I said, choosing a foolish plan A instead of a plan B.”

Hill said Warner’s last drink had been 11 minutes before he was pulled over by police, who are accused of taking 52 minutes to administer the second breathalyser.

The cricket star is remorseful, which is why he will ask for leniency but expect to be punished as any other NSW citizen would be, Hill explained.

“This case before the court is a reminder to everyone in the public about the dangers of self-assessments,” he said.

“I know David is looking forward to putting this matter behind him and focusing his efforts on recontributing to those people in the community”.

The charge has cast doubt on his Thunder captaincy.

“The allegations are of course concerning and we take them very seriously,” Cricket NSW chief executive Lee Germon said after his arrest. “At Cricket NSW, we are strong advocates for safe driving, not drink-driving.”

Warner was arrested while he was on an Easter trip home from the subcontinent, where he captained the Karachi Kings in the Pakistan Super League.

He returned to Pakistan after being charged to resume the T20 tournament, where he averaged an impressive 51.2 with the bat.

Warner’s matter will return to court on 24 June.