I was driving with my mobile in my hand whilst talking into my hands free parrot, the officer believed I was talking through the phone and in fact was through my hands free parrot. He checked my car to see if I had a hands free parrot device and still issued me a ticket whilst driving at the wheel.
I told him it was in my hand and put it on the passenger seat whilst I was talking! Which he saw me do, I told him the person I was talking to on the device was a witness to me talking through the hands free. And he just said present your case in court!
It’s an interesting issue. You have to decide whether or not you can cast a doubt on the suggestion that you were driving whilst using a hand held mobile.
In theory if you were driving and holding the phone at the same time then you committed the offence if you were using it. Why did you have the phone in your hand?