I was pulled over for holding my iPhone whilst driving as I was listening to music on it. When the officer came over he asked why I was using the mobile phone and I told him I was playing music.
He made a note of this and gave me a FPN for fine and 3 points.
I also don’t get phone bills as I am with o2 and they do electronic billing over the internet.
What can I do to challenge this? What evidence will I require and how likely am I to succeed?
It’s only an offence to use a mobile phone whilst driving if you use it as a telecommunication device. If you are using it to play music then its not an offence of using a mobile whilst driving.
If you take the matter to court and admit what you were doing with the phone then the prosecution may try and suggest that you committed a different offence of not being in proper control of the vehicle so be careful.
You need to get your phone records and you will need to show that no calls were made or received at the relevant time. Have you got a hearing date yet or has the officer simply offered you a ticket.
Have you got any points already? i may be able to help you defend this matter. I would be interested to see the officers statement.