No punishment for speeding Powys driver who had severed his ear

Graham Frank Middleton was given an absolute discharge at Llandrindod Wells Magistrates’ Court this week – meaning he will face no fine or receive any penalty points on his licence.

The 67-year-old was driving through a 30mph zone at 53mph on January 20 this year. However, magistrates heard he had a good excuse – he had almost severed his right ear off completely in a freak accident.

Middleton, from Crossgates, near Llandrindod Wells, was on his way to hospital for emergency surgery when the speeding offence occurred in Worcestershire.

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The court was told there was concern from Middleton and doctors as there was a certain period of time in which his wound – at risk of gangrene – needed to be operated on.

A charge of speeding was reopened at court on Wednesday, August 30, because Middleton had originally been fined more than £1,000 and handed six penalty points at a previous hearing, even though he had not known about it.

He admitted the charge but then put forward a special reasons argument in the hope of receiving a reduced penalty.

He had been driving his SsangYong vehicle on the A4103 when he was flashed by a speed camera in the village of Leigh Sinton, between Hereford and Worcester, at around 4am.

Middleton, of Greenway Manor Lodge Park, Crossgates, told the court he had been delivering shopping to a friend in Nantmel on the evening of January 20 when he slipped on ice and fell.

It was not until he got home that he realised the extent of the injury, then drove to hospital in Hereford.

“I was coming down a long straight into the village and wasn’t taking as much notice as I should,” he said. “I had been told there was a gangrene issue with my ear.

“If I’d have been in an ambulance I would have been blue lighted so wouldn’t have had to worry about cameras. It is not something I do (speeding), but this was an emergency. I have a clean licence and don’t feel I deserve to be prosecuted.”

After deliberating, magistrates agreed that the case constituted special reasons, and they told Middleton he would receive an absolute discharge, with no financial penalties.

“You drove in a medical emergency, and due to the time of day there was no risk to road users,” said chair of the bench, Lorna Jones.