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Doc's bid to lift driving ban fails
Aug 9 2005
A SENIOR children's doctor banned from driving for his fourth speeding offence has failed in a bid to win back his licence.
Consultant paediatrician Dr Robert Moy claimed the six-month disqualification imposed by Solihull magistrates would cause "exceptional hardship" to his patients, an appeal at Warwick Crown Court heard.
The Birmingham Children's Hospital doctor, 54, of Knightlow Road, Harborne, had been fined £100 and ordered to pay £35 costs by magistrates, who rejected the exceptional hardship submission and banned him under the totting-up procedure.
During Dr Moy's appeal Andrew Tucker, prosecuting, said that in April there was a temporary 40mph speed limit on a stretch of the A45 Coventry Road, near Old Damson Lane, but a speed camera caught the doctor doing 51mph in his Peugeot.
Richard Faux, for Dr Moy, said: "It would be right to find exceptional hardship, not only because of the effect it would have on Dr Moy but the effect it will have on his patients."
Giving evidence Dr Moy said he was a consultant community paediatrician based at Birmingham Children's Hospital but conducted clinics and saw patients " in community situations throughout Birmingham".
He said that as well as having to get to the clinics, he also had to transport confidential medical notes and equipment weighing a total of up to 20 kilos.
Because of the ban he had to rely on taxis paid for by the primary health care trust, which could cause delays, especially on a Wednesday when he had to do one clinic and go back to his office before going on to a second.
He added that he was also on call every Wednesday for child protection issues at the children's hospital.
Rejecting the appeal against the driving ban and ordering the doctor to pay a further £275 costs, Judge James Pyke said: "We are not certain that some compromise arrangement could not be made where a vehicle could be made available on those occasions when it is most particularly required.
"We do not believe the hardship in this case qualifies as exceptional hardship."
