I was caught ‘using’ my mobile phone whilst driving on Saturday. I say ‘using’ loosely as I wasn’t actually using it, I picked it up and put it in my door compartment.
The stereotypical traffic officer on his motorbike told me that even holding my phone constitutes an offence. I told him he couldn’t prove it as I will have no call or text records from that time but he just said ‘try it’. Do I stand a good chance at court? Look forward to hearing from you.
He is wrong you are right. But you are never going to convince an officer of that at the scene.
The officer will give evidence at court that he saw you hold it – he will probably give evidence that he saw you use it – as he will be educated by another offer along the way if you take it to court..
If you are up for a fight you only have to cast a doubt to win. You would need to get your phone records – officers will never go to those lengths. If you phone records show no calls and texts you have a very good chance.