A freelance journalist fined £170 for using a mobile phone while driving has successfully appealed against his conviction after he told court that the device was, in fact, a dictaphone.

Richard Turner of Theydon Mount, Epping, told Chelmsford Crown Court he was listening to comments from Arsenal manager Arsene Wenger which had been recorded on a dictaphone which was on his dashboard.

He said that at the time the police stopped him the dictaphone had fallen down and he had caught it and held it in his hand while driving.