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Hello I will assist.
please confirm as you don’t say, were you driving at the time
When driving it is an offence to have in your hand a mobile phone or other device.
A mobile telephone or device will be in use where it is making or receiving a call, or performing any other interactive communication function, whether with another person or not.
To be guilty of the offence you have to be
The prosecution would have to proof beyond doubt that you were using it.
the offence is 6 points and a £200 fine and if in court upto £1000
You must be using it.
when you had hold of it how do you know it was dead.
No it must be in use. Even pressing a button would class as being in use.
if you go not guilty, the court could order that you produce phone records for that day as proof of no use.
They would only be looking at records for around the time you were stopped that’s all.
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