Thanks folks, problem is I am based in Glasgow an it happened in Essex. Also the video may show it in my hand waist hight but not making calls etc. Are you allowed to use an iPod to change music selection while driving? Ie technically not using a phone, reason being I don't think it an offence to can get a cigarete out a packet, which is just as much a distraction..

Hi, I was pulled over by Essex police for using a phone when driving. I was not actually using my phone merely moving it from driver side door to central panel in my hire car. I am aware that even looking at your phone is an offence but I don't think this should constitute an offence? Apparently it was caught on video. I would like to know or seethe actual evidence before accepting the FPN and 3 points. Any ideas ??