I was stopped today for ‘using my phone while driving’
What actually happened was that my mobile phone rang, and whilst reaching over for my hands free it fell on the floor. Upon reaching a red light, I bent down to pick the phone and when I sat back up, I had the phone in my hand and there was a police officer in the car beside me who saw me holding the phone in my hand.
He stopped me and charged me and gave me 3 points as he said I was using the phone from before the lights.
I have evidence on my phone that I have 3 missed calls at that time as I did not answer the phone. And I also mentioned to him and showed evidence that I had just been informed of a death of a friend earlier.
Holding a phone is not an offence. The offence is using a mobile phone whilst driving. We have won many similar cases. Your phone records should corroborate your account of events.
Have you got any points already? Are you a new driver?