A COMPANY director who answered a call while driving along Weymouth Esplanade has been ordered to pay £375.
John Colin Matthews, 53, of Barnhaven Close, Wyke Regis, Weymouth was found guilty of using a hand-held mobile phone while driving when he appeared before Weymouth magistrates.
Police constable Rhiannon Stroud of Dorchester's traffic unit said in July last year she saw Matthews speaking on his phone while driving his Land Rover Discovery.
She said she had a clear view of him for three seconds and promptly turned her vehicle around to follow him.
She added: "I only ever issue a fixed penalty notice when I can clearly see the phone as well as the person talking."
The court heard she put on her blue lights to stop the vehicle. PC Stroud said he told her he had not used the Bluetooth hands-free capability system as he would normally do.
The court heard he already had three points on his licence for speeding in a 30mph area.
Matthews said he had used the phone's loudspeaker system to make it hands-free.
He said his Land Rover had blacked-out windows and he often drove with his elbow on the window, leaning on his hand, and the officer could have been mistaken.
Matthews also said the difference of height between the vehicles and speed of travel may have affected her view.
The court heard he was the director of four companies and drove an average of 30,000 miles a year.
Magistrate Valerie Brinton told Matthews: "We find that PC Stroud was not mistaken."
Matthews was ordered to pay £300 court costs, a £60 fine and £15 victim surcharge. His licence was endorsed with three points.
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