A MEDIC caught speeding on the M5 successfully argued to avoid a ban because of the importance of his work. 

Magistrates thanked James Smith, of Cormorant Rise, Worcester, for his public service at the end of a hearing at Worcester Crown Court on Friday, (July 21). 

The court clerk told magistrates Smith had previously been found guilty by the single justice procedure in April, Smith appearing in front of magistrates as he risked being disqualified due to the totting procedure. 

Magistrates heard Smith was caught by an automatic camera device speeding in his Ford on the M5 between Junction 6 and 5 northbound on September 25 last year.

Worcester News: COURT: James Smith leaving Worcester Magistrates CourtCOURT: James Smith leaving Worcester Magistrates Court (Image: Newsquest/Sam Greenway)

At the time a variable speed limit of 40mph was in place which Smith went above, the court was told.

Smith was told his exceptional hardship reasons to avoid a ban must not be merely an inconvenience, or hardship - but exceptional hardship to another person for which the court must have evidence.  

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Through his solicitor, Gary Harper, Smith argued against his ban on the grounds that - as a medic - disqualification would mean exceptional hardship to the patients he cared for. 

After lengthy deliberations, chairman of the magistrates bench Christopher Devney announced they agreed and would not be banning the 48-year-old from driving. 

The chairman said: "We are not going to disqualify you.

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"To take you off the road would be damaging the people who need your service. 

"However you are on very thin ice.

"You are one offence away from a driving ban."

The chairman gave Smith three penalty points, fined him £153 and ordered he pay costs of £90 and £61 victim surcharge. 

Smith was told to pay the total, £304, in full within 28 days. 

The defendant was also told that, if caught speeding again, Smith could not argue the same reasons for exceptional hardship for the next three years.

As Smith was told he was free to leave Courtroom 1 the chairman added: "We thank you very much for your public service."