Looking for views on whether this is worth contesting.
I was stopped as part of a planned police operation in my town (plain clothes spotter + officers further down the road). I’ve been reported for the offence of using a hand-held mobile phone.
When stopped, I was cautioned and told that a colleague further up had seen me with the phone “in my right hand” — there was no mention of observing any actual use, only that it was in my hand.
I was asked “why that was” and I said words to the effect of: “he’d just thrown it at me, he’s got severe special needs” (referring to my son who was sat next to me and has significant additional needs).
My position is:
I accept the phone was in my hand, but I was not using it in any way (no interaction, no screen use). The reason it was in my hand was to manage my child’s behaviour — I took it off him and put it out of reach. By the time I reached the point where officers were pulling people in, the phone was no longer in my hand.
I appreciate the general view is that holding a phone leads to an inference of use, as most people have no reason to be holding one while driving. My position is that this is an unusual set of circumstances where there is a clear alternative explanation.
There was no suggestion at the roadside of any actual use of the phone — only that it was in my hand. Given the positioning of the spotter, the short observation time, the type of vehicle (minibus), and the fact my son was sat directly next to me on his own device, I do question how clearly any alleged use could have been observed.
I also have medical evidence supporting my child’s needs and behaviour, which reflects the context in which this occurred. I had also messaged a client just before setting off to say I was driving and would respond later, which I feel is consistent with my position that I wasn’t using my phone. For clarity, it was in my right hand as that was the side away from my son.
I have no existing points. The fixed penalty is 6 points and £200, so for me it’s more about the principle.
Grateful for views from those with experience:
Is holding a phone itself an offence, or does it have to be holding and using?
Is this realistically arguable in court?
Do these ever go in the driver’s favour?
Is it worth contesting, or more sensible to accept the fixed penalty?
Basically — is there any point trying to contest it? I’m leaning towards just taking the points, but it feels like admitting to something I didn’t do.
Thanks in advance.
