A BRADFORD district married father of three who admitted to speeding did not get banned from driving because he would have been unable to run his Cumbria-based Indian restaurant.
Mohammed Miah, of Park Avenue in Keighley, exceeded the 70mph limit on the A629 dual carriageway in Kildwick in a Mitsubishi Shogun on June 4, last year.
For this offence, the 38-year-old was handed six penalty points.
The court documents do not disclose if Miah already had points on his license but do state that a totting disqualification did not happen due to the following mitigating circumstances.
Miah has run his own Indian restaurant in Cumbria for almost four years now, working six days a week.
The business opens for service at 5pm and closes at 11pm. The staff - four kitchen members, two front of house, chefs and porters - tend to leave for work at around 3pm.
All of his staff live in Keighley and none of them possess driving licences.
Miah has attempted to recruit staff in Cumbria but has had no applicants. He says the restaurant requires skilled staff, who are difficult to find in the area.
Mitigation said if the Keighley man is disqualified, none of his staff will be able to get to work and the restaurant would need to close for a period of time.
This will mean he would not be able to afford to pay his staff during this period and they would need to be laid off.
They add that if he were then to attempt to open again in six months' time he may struggle to get staff at all.
The business is also dependent on tourists and is building back up from the losses during the Covid-19 pandemic.
Miah lives with his wife and his three children, aged 17, 13 and 10, who rely upon him.
His wife does not work. If the restaurant were to close he would not be able to support his family.
He also has a mortgage and he is not certain that this would be covered by any of their insurances.
Miah may therefore lose his home if disqualified and the family may be made homeless.
The business could not afford to employ a driver given the distances involved.
Miah was also fined £115 and has to pay court costs of £90 and a £34 victim surcharge.
His case was heard at Harrogate Magistrates' Court on Wednesday, June 8.
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