A DAD who had already failed his driving theory test six times used a Bluetooth headset in a bid to cheat the system on his seventh attempt, a court heard.

But Hussein Kalaf avoided an immediate jail sentence after a Swindon judge was told he was a committed family man and sending him straight to custody would result in real hardship for his wife, children, mother and sister-in-law.

The case is the latest driving test fraud to come before Swindon Crown Court. The Driver and Vehicle Standards Agency, which oversees the test process, has warned of fraudsters taking money to help would-be drivers scam their way through the process.

Last week, the Swindon court heard that Londoner Kalaf raised staff suspicions when he turned up at the Milton Road test centre on October 19 last year because he appeared agitated.

The 37-year-old requested headphones so he could listen to the questions asked during the theory test.

He was spotted sliding what turned out to be an inch-long Bluetooth piece underneath the pads of the headphones and into his ear.

The earpiece had a speaker and a microphone. The DVSA, which has seen similar sets being used elsewhere around the country, suspects the questions were being relayed to a third party somewhere nearby and who would give Kalaf the answers.

The ruse failed. Staff asked Kalaf to remove his headphones, which he did. In the process he knocked the wireless device from his ear to the floor, where it was picked up by test centre staff.

He was reported to the DVSA fraud squad and invited for an interview but did not attend.

Kalaf, of Heron Close, London, admitted possession of an article for use in a fraud.

Tom Wilkins, for Kalaf, said his client was a committed family man who supported not only his own family, but also his sick mother and his brother’s widow.

“He is committed to trying to improve the lot of his family and himself,” he said. His client was remorseful.

Sentencing Kalaf to four months' imprisonment suspended for two years, Judge Peter Crabtree said: “You have pleaded guilty, Mr Kalaf, to a serious offence and it’s serious because road users have to be competent to drive.

"The system we have in place means you have to take a theory test and a practical driving test.”

Kalaf must complete 120 hours of unpaid work and pay £320 prosecution costs.