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       #Post#: 81562--------------------------------------------------
       Re: Pressing Mobile Phone Unlock
   DIR By: Andyjh
       Date: July 18, 2025, 8:11 am
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       --- Quote from: pcnman link ---
       >
       > [quote author=666 link=topic=7202.msg80445#msg80445
       date=1752154489]
       > [quote author=Reentrant link=topic=7202.msg80438#msg80438
       date=1752153394]
       > I thought the phone had to be hand-held and used to make the
       offence. OP said it was lying on the seat and he touched it with
       one finger - does that count as hand-held?
       >
       --- End Quote ---
       No, it doesn't.
       But the police's version of events is different.
       [/quote]
       But in a cradle isnt `hand-held` and if you touch it youve
       comitted the offence, why would `on the seat` make a difference?
       [/quote]
       I think 666 is agreeing with you, in that it's not hand held but
       that police may have seen it differently.
       #Post#: 81571--------------------------------------------------
       Re: Pressing Mobile Phone Unlock
   DIR By: Rallyman72
       Date: July 18, 2025, 8:55 am
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       --- Quote from: GreyToyota10 link ---
       >
       > snipI drive a van and the officer claimed he saw me using it
       in my hand above the steering wheel (the undercover police car
       was much lower than my van so he said that's the only way he
       could see me using it). I have only been driving ~15 months so
       as far as I can tell from what I've seen online, my licence will
       be taken off me.
       >
       > Would I have any chance of a successful appeal after admitting
       to touching my phone to get the screen back on?
       >
       > Thanks
       >
       --- End Quote ---
       --- Quote from: Andyjh link ---
       >
       >
       > I think 666 is agreeing with you, in that it's not hand held
       but that police may have seen it differently.
       >
       --- End Quote ---
       Absolutely, as the OP actually says the police claim to have
       seen him holding the phone, the debate around on the seat and
       being touched vs handheld is pretty academic. It needs some
       means of refuting the police claim to provide any glimmer of
       hope for the OP and, so far, I've not seen any.
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