A ROAD safety charity is calling for a loophole to be closed after a man in Worcester avoided a driving ban despite failing a roadside breath test.

Mark Heffernan, 41, was parked in Pitchcroft car park near Worcester Police Station after a night out and told officers he was sleeping to avoid driving home drunk.

The former army serviceman, who now delivers palliative care equipment and medication to relieve the suffering of terminal patients, was allowed to keep his licence when appearing before magistrates on Thursday.

The defendant refused to undertake the two required further breath samples at the police station and accepted the charge of failure to provide a specimen.

Sue Roberts, chair of the bench, said "exceptional hardship" would be caused to the patients if he lost his employment.

Mr McQuian, defending, argued that his client, who has learning difficulties, had made good progress in getting a handle on his PTSD, with the ban meaning he could easily slip backwards and would certainly lose his job.

But a spokesman for the charity Brake said: "Too often, drivers who have been caught breaking the law are let off by using the 'exceptional hardship' clause.

"Road users who engage in risky behaviour that can kill and seriously injure should face tough penalties, however inconvenient, to deter dangerous behaviour.”

"Brake believes that this loophole needs closing urgently: driving is a privilege, not a right; and if that privilege is not exercised responsibly, it should be revocable. The Government must also make roads policing a national priority – a lack of enforcement could mean even more drivers getting away with flouting the law. Drivers need to know that if they break the law, they will be caught and punished."

The court heard how Heffernan served in the army for 19 years,before being medically discharged with PTSD.

Heffernan’s licence was endorsed with 10 points, already carrying three, and he was ordered to pay a total of £426 in fines and costs.