Driver fined for holding an apple

A nursery nurse who was stopped by police for holding an apple while driving was fined today.

Police used video recordings shot from a force aircraft and a patrol car in their prosecution of Sarah McCaffery, 23, which took 10 court hearings and lasted 13 months.

Her solicitor described the case as " nonsensical". But South Tyneside Magistrates ruled that Miss McCaffery, of Hebburn, was not in proper control of her Ford Ka as she negotiated a left turn with an apple in her right hand. She was fined ?60 and ordered to pay ?100 costs.

The case started at 8.20am on 4 December 2003 when Miss McCaffery was pulled over by Pc Lee Butler. The traffic officer, who has 10 years' experience, told the court he was sitting in his patrol car when he saw a woman driving with her right hand by her face. He thought she might be using a mobile phone.

He stopped her and found she was holding an apple. When he issued her with a ?30 fixed-penalty ticket, the defendant said nothing, he added.

Geoffrey Forrester, defending, said the road was dry, there were neither cars nor pedestrians around, and the manoeuvre was carried out "perfectly". He told the court that when Miss McCaffery, who was of "impeccable character", had the "temerity" to challenge the prosecution, the police used its aircraft to film the scene from above, while a sergeant and a constable in a patrol car made a video.

Mr Forrester told the bench: "Nothing illustrates the nonsense of this case more than the resources that have been thrown at it."

He said serious offences such as drug dealing or burglary did not get such attention. "This is all about trying to crush her because she is the one who stood up and said 'this is silly'."

However, Ken Buck, chairman of the bench told Miss McCaffery: "We consider you not to have been in full control [of the car]."

Chris Kay, prosecuting, said the cost of the case, not including aerial photographs and video, was £425. The aircraft was not sent specifically to film the scene.

Miss McCaffery declined to comment afterwards.

A Northumbria Police spokesman said: "As the defendant chose for the matter to go to trial ... we were obliged to gather all appropriate evidence. Action will be taken against people seen eating, drinking, using mobile phones or doing any other activity where their driving is affected."