I have been given a FPN for using a mobile phone, however, I was sitting at traffic lights with my handbrake on at the time, not moving.
I finished the call within 14 seconds (advising that I would call back) and did not have the phone in my hand when I moved off. Is it still the case legally that the car must be moving for me to be driving?
My view is that you have to be in motion at the time that you are making/receiving the call to be guilty of this offence. The offence is committed if you are driving and using a mobile phone and driving is defined as both motion and control of a vehicle.
Have you got any points already? If so, how many?
If you are up for a fight and you would like my help with this matter then come back to me.