One in a row....

A NURSERY nurse was fined £60 yesterday for holding an apple in her hand while driving around a bend after police used a spotter aircraft, a helicopter and a patrol car to win the case.

Northumbria Police went to extraordinary lengths to gather evidence against Sarah McCaffery, 23, who had missed breakfast and grabbed the apple to eat on her way to work. Magistrates ruled that she had not been in full control of her car. Miss McCaffery was also ordered to pay £100 costs at the tenth court hearing of the case.
Chris Kay, for the prosecution, said that the bill was £425, not including the aerial photographs and the squad vehicle’s video. The full cost of bringing the case against Miss McCaffery is thought to have been about £10,000.

The cost of keeping a helicopter flying for an hour can reach £500. The police claimed that their helicopter was already on operations in South Tyneside when it took the photos, so the additional cost was just £66.

Geoffrey Forrester, for the defence, told South Tyneside magistrates that Miss McCaffery had been driving in dry conditions, that there was no traffic or pedestrians and that the manoeuvre was carried out perfectly.

The dispute between Miss McCaffery, who lives in Hebburn, and the police began on December 4, 2003. In an interview given before yesterday’s court hearing, she described how she took the same route to work in her Ford Ka as she had done for four years. As she negotiated a left turn with an apple in her right hand she was still in second gear when she saw the blue lights of a police car.

PC Lee Butler had spotted her driving with her right hand by her face and believed that she may have been using a mobile phone, the court was told.

When he discovered that she was holding a half-eaten apple, he issued her with a £30 fixed-penalty ticket. The nurse, however, said before yesterday’s 2½-hour trial: “I wasn’t speeding or swerving around. It was a small apple and I had both hands on the steering wheel when I turned into the road. The apple was in my right hand but I could still hold the steering wheel and steer the car.”

The court was told how police brought in a fixed-wing spotter aircraft to fly over Miss McCaffery’s route to work and take photographs. Later the force’s helicopter repeated the exercise before a patrol car made a video of the journey.

Mr Forrester said: “Nothing illustrates the nonsense of this case more than the resources that have been thrown at it.” Ken Buck, the chairman of the bench, concluded: “We accept that there are times when you can drive with one hand but, in holding an apple while negotiating a left-hand turn, we consider you not to have been in full control. We are therefore satisfied beyond reasonable doubt that this case is proved.”