A 41-YEAR-OLD Worcestershire woman who used her severely disabled partner's driving licence to escape penalty points for speeding has escaped an immediate jail sentence in an "exceptional" case.

Charlotte Ellam was driving her partner David Billingham in a specially-adapted Land Rover Discovery in 2011 on Minster Road, Stourport, when she was clocked at 37mph in a 30mph limit, Worcester Crown Court heard.

Concerned about the penalty points on her licence, she sent her partner's name forward as the driver, even though he had been severely disabled since 2002, the court was told. The £60 penalty was paid but following her partner's death in April, 2012, the points were noticed on his licence and the matter went to the police, Gareth Walters, prosecuting, told the court.

Julia Morgan, defending, said it was "a very sad case in many ways."

Mr Billingham had a brain haemorrhage in 2001 and an operation in March, 2002, to remedy this was unsuccessful.

"When he went in for the operation, she was already pregnant with their son," Miss Morgan said.

He was left wheelchair-bound and "wholly dependent" on her care, Miss Morgan said, and she had looked after him and their son for 10 years until her partner's death.

Ellam, of Cherry Orchard Barn, Lincomb, Stourport, also employed carers and private nurses to ensure he had the best possible care and would take him and their son for trips out in the Land Rover.

Her driving licence was so valuable to her for this reason that when she was caught at seven miles-an-hour over the speed limit, she feared she would be risking a ban as she already had six points on her own licence.

Judge Robert Juckes, QC, said it was a "wholly exceptional" case.

"Using someone else's driving licence to protect your own from penalty points usually means immediate custody," the judge said.

He said the process relied on honesty and the consequences were severe to discourage people from abusing the system. But when Ellam used the licence of a man who was mentally and physically disabled, she was under stress.

"You had become pregnant and had given birth to his son shortly after the operation. You had to cope with both of these, and you did it. You devoted the next ten years of your life to look after him," the judge said.

Realising she could not afford to lose her licence, Ellam made the "grossly misjudged" decision to send his name forward.

Following his death, there were disputes about his legacy and the points were noticed on his licence, the judge said.

He said Ellam, who pleaded guilty, had come to court believing she would be jailed but it was "unnecessary" to send her straight into custody.

She was given a three month sentence suspended for 12 months and ordered to do 150 hours of unpaid work. She was also ordered to pay £535 towards costs.