Man faces battle to keep hold of driving licence

Blackburn magistrates heard officers had been alerted by a neighbour who saw Joseph Michael Bentley sitting in his vehicle with the engine running but didn’t see him driving.

The magistrates accepted his version of events and took the option of imposing 10 penalty points instead of an immediate ban.

But the case had to be adjourned after it came to light there were already three penalty points on his licence which Bentley said he knew nothing about.

Bentley, of Old Back Lane, pleaded guilty to failing to provide a specimen.

The case was adjourned until December 23 so he can put forward an exceptional hardship argument for why he should not be banned under the totting up procedure.

Damian Pickup, defending, had earlier urged the magistrates not to impose an immediate disqualification but to take the 10 points option.

He said Bentley had been out drinking but had left his car at home.

When the taxi dropped him off he got in his car to phone a girl because he didn’t want to go inside and risk waking his parents.

“He started the car and put the heater on while he was talking on the phone,” said Mr Pickup.

“The neighbour saw him in the car and called the police but although she believed he had been driving she admitted in her statement that she didn’t actually see him driving.”

Mr Pickup said Bentley had made attempts to provide a breath sample but had failed.

He said the defendant worked for a timber company and needed his car to get to work and to carry out his job.

“I ask you not to disqualify and impose the 10 points which will allow him to keep his job,” said Mr Pickup.

“When the three points on Bentley’s driving licence came to light he said he had completed a driver awareness course for a speeding offence and genuinely didn’t think there were any points on his licence.”

Mr Pickup said inquiries would be made with the DVLA but of the points were not a mistake he would wish to put forward and exceptional hardship argument.