1) Are there guidelines for police officers to follow for stopping, questioning, etc, in connection with using a hand-held phone?
2) Where do I find address details for writing to the police authority concerned in my case? I want to request photographic evidence.
Police officers are allowed to stop a vehicle if they have a reasonable suspicion that the driver has committed an offence. Police officers can question anyone in relation to a suspected offence – but if the person they are talking to is a suspect then the officer must give them a caution warning them that anything they say in response can be used in evidence etc.
The police rarely have photographic evidence in these cases. The evidence is normally the word of the officer who claims to have seen you driving and using the phone. The officer has to prove the case against you beyond reasonable doubt, you have to cast a doubt to defend yourself.
The best way to do this is to get hold of you phone records and adduce them to show no calls etc were made or received.
Have you got any points on your licence already? Are you a new driver?
I take it you do not accept the alleged offence?
Tell me more and I will be able to help further