A DRIVER caught using a hand-held mobile phone has avoided a ban because his family relies on his wages.

Aaron Johnston, of Boothfields, Knutsford, pleaded not guilty at Chester Magistrates court on April 20 to using a hand-held phone shortly before 9am on October 10 last year.

The 44-year-old was caught committing the traffic offence whilst driving a Volkswagen vehicle on Bexton Road, the court heard.

Johnston was found guilty after evidence was read out in court.

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Magistrates decided not to impose a totting disqualification because ‘the defendant is the sole earner for his family and would not be able to continue operating businesses without the ability to drive’.

The bench was told that the knock on effect would be ‘an inability to support his family and meet mortgage repayments’.

Johnston was fined £140 and ordered to pay £250 costs and £34 victim surcharge.

Magistrates endorsed his driving licence with six penalty points.

The defendant also pleaded guilty to using his car on the same day without a valid test certificate.

The bench took his guilty plea into consideration and decided not to impose a separate penalty.

The defendant was given until May 18 to pay the £424 court bill.