A man banned from driving after a conviction for using a mobile phone while at the wheel has successfully won back his licence due to the “hardship” the disqualification would cause.

Patrick Quinn, 44, received the six-month ban from the roads under the totting up procedure after the conviction at Peterlee Magistrates’ Court, on August 18.

The court heard that a police officer in an unmarked car observed Quinn talking on his mobile phone while driving a Mitsubishi Shogun on the A690 near Durham, at 9.20am on March 25.

Jane Waugh, for the Crown, told an appeal hearing at Durham Crown Court that Quinn continued to talk on the phone as he travelled across lanes, while at times he had to brake sharply to prevent a collision with other vehicles.

Read more: Coundon man up in court after using phone while driving in Bishop Auckland

By the time he was stopped, Quinn had put down the phone and he asked the police officer if he could just receive a warning s conduct.

As he had previous penalty points on his licence for similar offending for which he was convicted in August last year, the latest case was proceeded with at the magistrates’ court last month.

Brian Hegarty, for Quinn told the appeal hearing that he had no instructions over the standard of the appellant’s driving that led to the conviction, as his case was based purely around the hardship the ban from the roads would pose him.

Mr Hegarty said as a self-employed gardener, landscaper and ground worker his client has two employees, neither of whom drive.

As a result, Quinn is required to operate the business’s three vehicles and to pick up his staff members to take them to work sites and to drop them off afterwards.

Mr Hegarty said the appellant, a father-of-four, is the only household bread winner and also runs errands to get medication and shopping as well as giving lifts to elderly neighbours on Durham Residential Park, at West Sherburn, Durham.

Character testimonials were submitted to the court on his behalf by those neighbours to whom he is said to give lifts and provide other assistance.

Read more: LISTED: The North East people in court for using mobile phone while driving

Asked if he had considered using a hands-free phone while driving, Quinn said he had, but it sometimes fails to work properly.

Following the submissions, Judge Jo Kidd, sitting with two magistrates, said while the support provided by the appellant for elderly neighbours was “impressive” it was insufficient to allow him to keep his licence on its own merits.

But she said they were “persuaded” by the impact Quinn being banned from the roads would have on his employees.

“We are satisfied it gives rise to ‘exceptional hardship’ and on that basis the appeal is upheld.”

But she warned him that should he be tempted to use a phone again while driving, he should first pull over to the side of the road or risk losing his licence.

Read next:

                Bowburn man fined for using a phone while driving

                Darlington man banned from driving for phone offence

                Drivers filmed to catch out seatbelt and mobile phone offences

If you want to read more great stories, why not subscribe to your Northern Echo for as little as £1.25 a week. Click here