Not Moving At The Time

Question:

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?

Paula Says:

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.