Cumbria Crack

Sword of Damocles left hanging over solicitors head

Carlisle Magistrates Court
Carlisle Magistrates Court

[A] clinical negligence lawyer has appeared before magistrates’ in Carlisle and pleaded guilty to speeding on the M6 motorway on August 3rd of last year.

The court was told how 54-year-old David Corless-Smith, of Calveley Green Lane, Calveley, Tarporley, Cheshire, was driving his Porsche along the M6 northbound motorway around 5:54pm when he was clocked doing 84mph, the legal speed limit is 70mph.

At the time of the offence he had 9-penalty-points on his licence, since then 3-points have been removed from his licence, leaving him with 6.

Magistrates heard how if Mr Corless-Smith was banned from driving this would cause “exceptional hardship” to him, his wife and children.

It was said in court his children go to a school which is about a 60-mile round journey and his wife also works, they take turns in driving, she would have to consider giving up work if he was banned, the couple have tried to find alternative ways of getting their children to school, but they can find no available alternatives.

The family live in a rural area of Cheshire, magistrates were told Corless-Smith regularly visits his 80-year-old father who lives in Worcester.

Coreless-Smith is a qualified dentist, barrister and solicitor working as a director in a Dental Law Partnership in Cheshire.

Magistrates retired for almost 30-minutes to discuss the exceptional hardship plea, on their return to court presiding magistrate Tom Gordon said they agreed with the argument and that his wife was also a victim, she and the children would also suffer if he was banned.

A fine of £700 was imposed with a victims surcharge of £70 and court costs of £85 to pay, with three-penalty-points added to his licence this now makes 9, he was told these arguments could not be used again within in a three-year period, the presiding magistrate said “this is like the Sword of Damocles left hanging over your head.”

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