I was accused of driving a motor vehicle whilst using my hand held mobile. The officer mistakenly assumed I was using my mobile phone to either make/receive a call or send/receive a text message.
When all I did was take it out of my pocket and put it on the holder. Because it was digging into me. The officer didn’t bother to look at my phone or take my telephone number.
If you do not accept that you were using your phone at the time of the alleged offence then you have a defence to this matter. If we are able to get your phone records then we should be able to cast a doubt on the officers account of events.
The officer has to prove his case beyond reasonable doubt to win.
It’s not an offence to simply hold a phone whilst driving. You have to be using it for telecommunications purposes for it to be an offence.