Not In Motion At The Time

Question:

I was in the car on my phone but not moving, a police office driving passed and looked and pulled over on the left hand side down a T- road.

I put my phone on load speaker and drove 100 or so yards and couldn’t hear the call so pulled over again, 30 seconds later the police officer behind me and nicked me, I tried to tell he but no luck. Did i break the law??

Paula Says:

In order to be guilty of using a mobile whilst “driving” the prosecution have to prove that you were in motion and had control of the car at the time of the alleged offence.

If it was only a temporary stop – for example whilst in a queue or at traffic lights then the court may take the view that you were still driving at the time.