A FLINTSHIRE man has had his driving ban rescinded after claiming it would cause him exceptional hardship.

James O'Brien, of Main Road in Ffynnongroyw, appeared at Mold Crown Court on Friday morning to appeal a sentence.

The 56-year-old had been convicted after trial of an offence of failing to provide details of the driver of a vehicle.

As part of the sentence for that offence, he received a driving ban of 12 months.

Jemma Gordon, on behalf of the prosecution, told the court the O'Brien's appeal to the Crown Court was on the basis of "exceptional hardship."

Giving evidence to the court himself, O'Brien explained he is a father of six who has a landscape gardening business with two employees.

Asked what impact the driving ban would have on his company, he said: "The whole lot of us will be out of business."

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He claimed he also needed the licence to take relatives to medical appointments and grandchildren to school, as he is the only one in the family unit who is able to drive.

Ms Gordon asked if O'Brien could make use of public transport to get around.

"How would I get all my tools on a bus?" he asked. "Know what I'm saying?

Jeremy Spencer, on behalf of O'Brien, told the court his client had not tried to hide anything.

"He's not able to read or write," he said.

"And he understands the importance of making sure his grandchildren don't have the same problem.

"He's the one in the family unit with a licence and the only one who works.

"My submission is that the court can consider exceptional hardship has been made out."

Judge Timothy Petts and two Magistrates allowed the appeal, concluding that the ban amounted to exceptional hardship.

"You're not disqualified," the Judge told O'Brien.

"But this does mean these points remain on your licence and they will drop off as time passes.

"If you come to court again, you won't be able to use these reasons again.

"You have to be squeaky clean in your driving."