A DRIVER who used the hard shoulder of the M40 to undertake at up to 85mph because he ‘needed to urinate’ has escaped jail.

Aftab Akram was on the northbound carriageway between junctions 10 and 11 on March 18 when his BMW saloon was spotted by officers in an unmarked police car.

The 30-year-old apprentice plumber earlier admitted dangerous driving and was sentenced at Oxford Crown Court yesterday.

Joanna Durber, prosecuting, said Akram had tailgated drivers, straddled two lanes and undertook before he “swerved into the hard shoulder, with dust and debris flying up, and undertook three vehicles”.

The officers in the unmarked car, alerted uniformed colleagues and he was pulled over shortly after exiting at junction 11.

One officer stated: “Short of ramming vehicles out of his path, it’s hard to imagine how the drive could have been more dangerous.”

Stephen Bailey, defending, said his client was a “very stable, conservative professional” who is married with four children under nine.

He said: “The reason he did this was to find a safe place to urinate.

“Why he didn’t just pull over and go to the toilet, only he will know”.

Judge Anthony King said it was a “gross piece of dangerous driving” and gave him 12 weeks in jail, suspended for 18 months.

Akram, of Plaistow Avenue, Birmingham, was also told to do 160 hours’ unpaid work, 18 months’ supervision and pay £500 costs. He was banned from driving for 21 months and must take an extended driving test to regain his licence.