I want to take this to court as I didn’t make a call or text statements will be able to back this up but whilst stationary at traffic lights I transferred the mobile phone from my pocket to the floor of my car. Am I guilty of the above driving offence?
Simply holding a mobile phone is not an offence. To be guilty you have to actually be using the phone.
The officer has to prove the case against you beyond reasonable doubt. You have to cast a doubt to win. the burden is therefore very much on the officer. have you got any points already? How long have you been driving?