A former soldier avoided a driving ban yesterday after claiming he would lose his job and his home if he was kept off the roads.
Father-of-three Jim Smith, 48, said he stood to lose his £50,000 a year job and £170,000 house – making himself, his nurse wife and teenage daughter homeless – after being caught speeding with eleven points already on his licence.
This offence would normally bring him at least another three points and under the totting up process put him over the legal maximum of 12 points and off the road for six months.
Former Black Watch sergeant Smith, with a military veteran’s badge in his left lapel, appeared at Portree Sheriff Court yesterday before Sheriff Kevin Veal and accompanied by defence lawyer Duncan Burd. He pleaded guilty.
The construction official who was caught by police on March 22 on the A87 at Breakish,on Skye, doing 55mph in a 40mph limit told the sheriff he genuinely thought he was on a 60mph stretch of road and had set his cruise control at 55mph.
Lawyer Burd said,’ if banned from driving my client will lose his job.His wife’s salary as a nurse is not sufficient to pay the £900- a- month mortgage. There is still ten years of it to run and he still has £100,000 to pay-off.
‘The older two children are in the services but his 18-year-old daughter works part-time in retail and lives at home with her parents.
‘The whole family would be made homeless by a roads ban.’
Sheriff Veal said,’ I can see the family’s budget just does not balance without Mr Smith’s income..
‘I will not ban you but impose three penalty points and a £200 fine.’
Then the veteran sheriff added drily,’ If you find yourself in this position again you will not be able to play the same violin.You will have to come up with something different.’
Smith,of 18 Sir Thomas Elder Way, Kirkcaldy, shook hands with his lawyer,Mr Burd, and left court saying,’Obviously I am very pleased with the outcome of my case.
‘It has been a worrying time for myself and family.’
Robertsons declined to comment.