Police offence - using handheld mobile phone (but i wasn't)

[Man in the middle]

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…and now thinking to take the police to court because of the false accusation,

You won’t need to do that. You will probably be offered a fixed penalty  (£200 and six points) for the offence. If you decline that offer you will face prosecution in court.

If you plead not guilty it will be for the court to decide whether or not you were “using” your phone whilst driving and they will do this based on the evidence from the police officers and you. The mobile phone legislation was changed in March 2022 and now doing just about anything with a mobile phone is considered to be “using” it. From your description I believe the court will find you guilty.

If you are convicted you will face a fine of half a weeks net income, a surcharge of 40% of that fine, prosecution costs which will be a minimum of £620 and six points.
 

[Man in the middle]

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...and the car didnt lose control

That is irrelevant as the issue of control oft the vehicle is not an element of the offence.

 

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...and both hands were on there.

Then how did you pick it up? How many hands do you have?

 

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If you read the officers statement its so unreal.

Would you care to post it up here (suitably redacted) so we can comment.

If you plead Not Guilty you will have to ask for the officer who made the statement to attend so that you can cross-examine him to cast doubt on his evidence (unless, as it stands, it does not support the charge).

Do you feel able to do that?

My view is that if there is evidence that you picked up the phone (and you don't seem to dispute that you did) then the court will find that you were using it.

It doesn't matter what else you were or were not doing with it. The principal point of the law is to prevent people faffing about with hand-held phones whilst driving. As soon as it leaves its secure place your phone becomes "hand held" and you were faffing about with it.

If I see the officer's statement I'll reconsider. But purely on your version of events I stand by my earlier comment.

[Man in the middle]

Since it seems we're not likely to see the statements I'll go on what the Site Team has said about them.

If you have statements from two police officers (who have nothing to gain and everything to lose by committing perjury) that say they saw you handling your phone, you will have to ask them both to attend court and give evidence in person. After they have done so (with their "live" evidence almost certainly agreeing with their written statements) you will have the opportunity to question them. What will you ask them? SImply calling them liars will end badly. Suggesting they were "mistaken" is the way to go, so why were they mistaken? Do you suggest they couldn't see you?

After that, you will have the opportunity to give evidence in your defence (though you don't have to). What will you say? You've told us on here that you picked up your phone cradle, with the phone attached to it, after it had fallen.Will you tell the court that? Bear in mind that after you have given your evidence you can be questioned (by the prosecutor). 

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But if there is no photographic evidence and the phone holder wasnt my phone..

But you said the phone was attached to the holder. The officers' evidence is what the prosecution will rely on to convict you. 

I wish you every success with your defence. Do let us know how it goes.