Is looking at your mobile phone at a red light whilst your car is stationary with handbrake on considered as driving?
The issue the court will have to decide is whether or not you were driving at the time of the alleged offence and whether or not you were using the phone.
Simply looking at the phone does not constitute using it and if you can show that no calls/texts were sent or received at the time of the alleged offence you have a good argument.
Driving is defined as both motion and control of the vehicle so you also have an argument that you were not driving at the time. I have not seen this issue addressed specifically in any proceedings to date but I think it is a valid point.
Have you got any points already? If so, how many?
Tell me more.
Have you rejected the ticket and asked for a court hearing?