The 31-year-old ex-Man Utd player had been ordered to do 250 hours unpaid work for his second excess alcohol offence after crashing his Mercedes 4×4 whilst three time the limit on St Patrick’s Day.
But the Republic of Ireland midfielder, who is thought to be currently on holiday, had only completed nearly 78 hours since the order made in May last year, leaving 172 hours left.
Claiming his football career has left him “struggling” to carry out the rest of the work, his lawyer mounted a legal challenge at Manchester Magistrates Court this week.
The lawyer, Peter Grogan, urged the court to let the footballer off doing the rest of the hours which is thought to have involved picking up litter and painting fences.
He said: “This is an application to remove an element of the community order. You will be aware that he has been engaging and has made good progress.
“But whilst the progress has been good, due to pressing work commitments, he is struggling to meet the requirements of the order and still has one more year to go. He apologises for not being here but he is on a family holiday.
“It was a pre-booked holiday and he went to Spain on May 22. His training resumes next month.”
But the request was refused after the court heard the father-of-two was not present for the hearing – due to him jetting off on a family holiday to Spain on May 22.
Judicial officers said he would have time to carry out the work now the football season had finished.
They added: “On the basis of work commitments, the football season is coming to an end, so it is possible that he will have time. The bench is mindful to refuse the application.”
The ex-Manchester United, Everton and Sunderland player has only played for latest club Wigan 18 times since joining in August 2018 and last week the club announced he was being axed from the squad.
He was last seen on the subs bench during Wigan’s last Championship match against Millwall on May 5.
Gibson, who lives in Hale, near Altrincham had been facing jail following the crash on March 17 last year – which saw him crash into a taxi, five parked cars and a wall.
He had been driving from his former flat in Durham to a physio session at Sunderland when he was still playing for the club when the incident happened.
He was breathalysed at the side of the road and gave a reading of 105 microgrammes of alcohol in 100ml of breath when the legal limit was 35mg.
A second reading showed 95mg and Gibson said he taken two sleeping tablets and drank from a litre bottle of vodka the night before the offence.
But the footballer was given a two-year community order with 250 hours of unpaid work after a district judge in Sunderland found him to be suffering from “significant psychological issues”. Gibson said he had endured a “difficult childhood” and was subjected to bullying.
He had been previously been banned from driving in 2015 when his car hit three cyclists while he was 12 points over the alcohol limit.