I was stopped by an unmarked car today for the above alleged offence however I was not using the phone. It was in my hand as I had just plugged it into the car charger and had flicked into my Facebook page accidentally when plugging it in (I mention that in case smartphone records may show that I was downloading data at the time of the alleged offence).
However I was absolutely not making a call with the phone as phone records will reflect. I have been offered “traffic school” as an alternative to points and a fine. I have to produce my counterpart to the local police station in 7 days as I didn’t have it with me at the time.
Is this something that is worth appealing? I saw other similar questions on your website but they are over 1 year old so I don’t know if the law has changed in this area but I thought you actually had to be on the phone? I could not afford court costs if I were unsuccessful.
PS: is this also relevant? when the police officer asked me to get out of my car and into theirs and I refused as my 2 year old daughter was in the back of the car. The PC said “Oh, of course, I didn’t see her”. But does that place any doubt on what he might have seen me doing with my phone? Just a thought….
The magistrates are being somewhat liberal in their interpretation of the definition of “use” at the moment. So it’s a risky business if your phone records show some element of usage around the relevant time (albeit accidental).
I don’t think the issue over your daughter would help to cause a doubt on the issue over whether or not the smartphone was used.
If you are up for a fight you will stand a chance but there would be a risk that you would lose.