A DRIVER - fined by police for using a mobile phone while stuck in traffic - is warning others not to fall into the same trap.

Furious Brian Cureton claims he was sat in stationary traffic in The Butts, Worcester, when an officer banged on his window, ordering him off the phone while he was making a call.

The 63-year-old, from Moat Crescent, Malvern said his handbrake was on at the time and he refused to remove the phone from his ear.

But his actions eventually left him with a £30 fine - for using a mobile telephone in a car while not in proper control. The incident happened on Friday at around 12.30pm

Although a permanent ban on using a hand held mobile in a moving car will be in place from December, he believes mobile users are already operating on unsafe ground.

"My mobile rang, I was parked in traffic with my handbrake on, so in my eyes I was doing no wrong," he said.

"If the traffic had been moving, I would have parked up somewhere and carried on my conversation. I think the officer's actions were completely out of order."

But police said the incident, which happened on Friday at around 12.30pm was a warning that drivers should be in control of their vehicle at all times.

"While we would not wish to comment on individual cases, it is important to remember that the driver of a vehicle is in control of - and responsible for - that vehicle, whether it is moving or when it is stationary in traffic," said a spokesman for West Mercia Police.