A motorist accused of using his mobile phone behind the wheel of his car has got the conviction overturned.

Andrew Cockram was found guilty of using the hand held device following a trial before magistrates earlier this year.

But after succeeding in an appeal the 36-year-old will have the points wiped from his licence and will not have to pay a fine.

He had been accused of using the device as he drove the short distance to his mum’s house in Queen’s Crescent, Chippenham, in December 2007.

Pc Mathew Jacobs told Swindon crown court he and a colleague were on Hungerdown Lane in a marked police car when they came up behind a Land Rover Discovery.

As the vehicle turned right into Queen’s Crescent he said he saw the illuminated screen of a mobile being held at head height in front of the lone driver.

After the car cut the corner he said they pulled it over and his colleague WPC Arwen Lucena went to speak to Cockram.

The officer said the driver then came back to his patrol car where he issued him with a fixed penalty ticket for using the phone, which he denied.

Under cross examination by Cockram, who represented himself, PC Jacobs said he could not recall him saying that the battery on the phone was flat.

The officer also admitted he not heard any of the conversation between his colleague and Cockram where he said he offered the WPC the chance to examine his phone, which she refused.

Asked by the judge about Cockram’s demeanour on the night he said “He was very polite and calm talking to us but no accepting that he was on the mobile phone.”

He also told the judge that he had not asked to see the phone and could not recall whether the motorist was holding it when he spoke to him.

Giving evidence Cockram, of Sheldon Avenue, said he had offered to show WPC Lucena the battery was flat but she refused to look at it.

He said he had been making a short journey to his mum’s house after watching a Sunday afternoon football match on TV.

Cockram said he had contacted his network provider as the phone gives off a signal when it is turned off and again when it is back on which can be tracked, but they would not help unless the police contacted them, which they had not.

WPC Lucena did not give evidence at the appeal hearing.

Judge Douglas Field, sitting with two magistrates at Swindon crown court, said having considered the evidence they did not find the case proved and quashed the conviction.