A BUSINESSMAN has escaped a driving ban despite racking up 13 penalty points on his licence.

"Careful" Audi driver Ian Stewart already had nine points before he was caught speeding on the A120.

But when he appeared in court to be disqualified under the 'totting up' scheme, Stewart successfully argued a driving ban would cause him and his family exceptional hardship.

However, he was handed four penalty points, taking his total to 13. Drivers face disqualification when they garner 12 points.

Steward, 52, runs Colchester Breakers, at King Edward Quay, Colchester, which specialises in motorbike parts.

He argued a ban would make it very difficult for him to continue to run the business, which employs six people, as he often has to drive to pick up motorbikes to bring them to his yard.

The businessman also told the court his wife suffers with Multiple Sclerosis and often cannot drive, which means he is needed for family transport.

He said: "The business does make a profit but it is quite modest.

"If I did lose my licence, it would put the company under severe pressure and it would be extremely hard to make ends meet and to make the business continue to be viable.

"There could be the potential for redundancies in the business."

Stewart, of Harwich Road, in Wix, also told Colchester Magistrates' Court: "Although it might not look like it, I am a very careful driver."

Magistrates also heard the nine penalty points had been racked up within a few days and six of the points were handed to him in one day during an anti-speeding A12 purge by Essex Police.

Steward admitted speeding in his Audi A6 while in 50mph zone of the A120 at Pellens Corner, near Little Bentley, on October 11 last year.

He was also ordered to pay a total of £447, including a £325 fine and court costs.

He cannot use the same reasons to demonstrate exceptional hardship if he is brought back to court in the future.