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Driving ban for man who didn’t want to cycle

By Burton Mail  |  Posted: May 26, 2014

Burton Magistrates' Court

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A 23-YEAR-OLD trainee masseuse who claimed he would be too tired to cycle back from work if he was banned from driving has been disqualified for six months.

Ashley Mitchell, of Overley Lane, Alrewas, appeared at Burton Magistrates’ Court to claim exceptional hardship if he was banned from driving after he was caught driving 43mph in a 30mph zone.

Mitchell already pleaded guilty in writing to speeding in Rykneld Street, Alrewas on August 19, but as he has totted up nine points on his licence his case was adjourned for a court appearance.

Magistrates heard Mitchell already had nine points after he was caught speeding in September 2011 and June 2013, and for having no insurance in February 2012.

On oath, Mitchell who works as a trainee masseuse at Hoar Cross Hall, claimed his ban would lead to excessive hardship where he wouldn’t be able to get to and from work, or take his heavily pregnant partner to hospital in Birmingham for specialist treatment.

He said: “I have looked at all the public transport routes to get to work and there is no bus stop at Hoar Cross. It is a 15 minute drive and six miles. I work on a rotating shift pattern until midnight.”

He was asked by the clerk if his grandmother, who he lived with, could take him or whether he had looked into taxis.

He said: “My grandmother still works and there is no taxi rank in Alrewas. The nearest is Burton where they would charge me for them coming to Alrewas from Burton.”

As well as work, Mitchell added that he had to take his pregnant partner, to hospital as she is unfit to drive, and her brother, who she lives with, works in Nottingham.

When the clerk suggested that he could cycle if it was just six miles, he said: “But if you are tired in the early morning (after work) the last you want to do is bike home.”

Magistrates said they did not find exceptional hardship and gave him four penalty points which had led to a six month driving ban.

He will also pay a £140 fine, with £85 court costs and a £20 victim surcharge.

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