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       #Post#: 59247--------------------------------------------------
       Re: Using phone whilst driving
   DIR By: sparx
       Date: February 21, 2025, 5:49 pm
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       --- Quote ---
       > Your own evidence might consist of your phone logs at that
       time, either retrieved from your device or, more impressively,
       provided by your service provider
       --- End Quote ---
       "Using" a handheld mobile telephone or other device as listed in
       the legislation can simply be illuminating the screen. Whilst
       call logs (either from the telco or from your own whatsapp call
       logs/messages) show you didn't call or message anyone, they do
       not prove you weren't using the device.
  HTML https://www.legislation.gov.uk/uksi/1986/1078/regulation/110
       #Post#: 59760--------------------------------------------------
       Re: Using phone whilst driving
   DIR By: Martian
       Date: February 26, 2025, 8:55 am
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       --- Quote from: sparxy link ---
       >
       > [quote]Your own evidence might consist of your phone logs at
       that time, either retrieved from your device or, more
       impressively, provided by your service provider
       --- End Quote ---
       "Using" a handheld mobile telephone or other device as listed in
       the legislation can simply be illuminating the screen. Whilst
       call logs (either from the telco or from your own whatsapp call
       logs/messages) show you didn't call or message anyone, they do
       not prove you weren't using the device.
       [/quote]
       But in this case, the officer is saying he saw them holding the
       phone up to their ear, so wouldn't call logs proving no calls
       were active be good evidence?
       This isn't advice, I'm just asking in case you missed it.
       #Post#: 59764--------------------------------------------------
       Re: Using phone whilst driving
   DIR By: The Slithy Tove
       Date: February 26, 2025, 9:13 am
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       --- Quote from: Martian link ---
       >
       > But in this case, the officer is saying he saw them holding
       the phone up to their ear, so wouldn't call logs proving no
       calls were active be good evidence?
       --- End Quote ---
       While it may be evidence that there were no calls in progress at
       the time, that is not evidence that the phone was not being
       "used". Could have been listening to all sorts of other things
       apart from a call. To make an argument that the phone wasn't
       being "used" when held up to one's ear isn't one I would want to
       try in a court.
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