I received a Fixed Penalty Notice yesterday (3 points + £60 fine) for allegedly using a mobile phone while driving.

Deep down I know that my best option is very likely to accept the FPN and take it on my chin, but I was honestly not using my phone and I think the police officer made a few mistakes in the process. I want to check with the wider PH knowledge-base whether I have any realistic chance of arguing (successfully) my case in court.

So here goes:
I was stopped at a set of traffic lights, my phone was resting on my lap. I was fiddling with my sunglasses, and my hands where above my lap region (so in the near vicinity of my phone). I was looking down at the sunglasses while fiddling, so from the outside it could have looked like I was using/reading my phone.

A police motorcycle officer came up from behind and stopped by my front nearside wheel, he glanced at the cabin and then looked away, but he must have thought he saw something, so he did a double take and looked back into the cabin, bending down a bit more to try and get a better look. By that second time he looked into the cabin, I had moved my hands away from my lap and therefore from my phone. My car is quite low so I'd question how good a view he could have had of my lap area, especially since he was sitting on his back on the far side/nearside.
(does "reasonable doubt" apply here? the fact that he needed to do a double take, means he wasn't sure first time he looked?)
At this stage a second officer arrived on his bike and pulled over further ahead of us. The 2nd officer arrived a good few seconds after the 1st one, so he can't have seen anything and he can't possibly corroborate what the 1st officer thinks he saw.

Officer 1 then turned his lights on, asked me to pull over, and immediately started writing the PCN. No questions asked, didn't allow me the chance to explain what he thought he'd seen. Judge, jury and executioner!

1st thing I would like to question is, the officer couldn't and didn't get a good look into my cabin, and therefore I'd argue his judgement isn't reliable enough to constitute evidence.
Assuming by phone company is forthcoming, I am happy to provide the court all sorts of records stating I wasn't making or receiving a call, SMS/MMS, or email before, during and after the time of the alleged offence.
It's my word against his (unless 2nd officer perjures himself and corroborates 1st officer's story - he didn't see anything), do I have a leg to stand on?

The police officer (still the 1st one, 2nd officer never intervened in the discussion or stood close enough to hear our conversation) did a few more dodgy things, I'd like to know whether they can be considered misconduct/malpractice, and help me get the case thrown off:
- Officer asked for my phone's IMEI number. I refused on grounds the phone is my company's and I don't feel comfortable giving away those details. Officer threatened that he had the right to confiscate my phone as evidence? I demanded to see relevant code/law/text that covered what he had stated. He refused. I asked again, and still he wasn't forthcoming. Isn't he obliged to let me read the relevant text??
- When presented with FPN, I told officer that I wasn't going to acknowledge the notice on the spot, as I wanted to consider my options. He then said I had to surrender my licence to a police station within 7 days. I asked if the police has the appropriate authority to withhold my foreign (EU) issued licence. He said they can. I checked last night and, as I thought, they can't!
- Police officer told me that if case goes to court, I can pay up to £2,500 fine. Now I checked, and it seems that that ceiling only applies to professional drivers, e.g. lorry drivers. A £1,000 max applies in my case. Again, he gave me a wrong piece of information.
- He kept referring to "the offence", as opposed to "alleged offence". It pissed me off!

Again, all the above are his word against mine, I didn't have any witnesses and didn't think of recording the conversation. There is also the added danger that the 2nd officer might confirmed 1st officer's story, although he didn't listen in!

Any glimpse of hope?

Why would you keep your phone on your lap unless you were using it?

Game over.

Rather unlucky really. But why was your phone in your lap if you ain't using it?

This

Cause the clock in my car is all wrong, so I need to keep am eye on the phone's clock to know what time it is (was running late for a meeting).. I don't wear a watch since it was stolen a while back.


Regarding surrendering my licence, here is where I read it doesn't apply to foreign licences: Www.avonandsomerset.police.uk/information/InfoCent...

So you look down into your lap to see the time? You could buy a cheap watch every time you get petrol. Looking down into your lap could make you knock me off my motorcycle and kill me. Take it on the chin, adjust the clock in your car, leave earlier and/or buy a watch. You fool.

Do you expect the Police to carry around Law books so that you can read up on all the legislation??

I think as soon as you inform the Magistrates that the phone was on your lap so you can use it as a clock, its going to be 3 points, at least £60 fine and then £15 victim surcharge, plus any costs that the CPS throw in.

I'm going to guess that to use your clock you need to handle the phone in some way? I know on my brand new smartphone I do, as the screen is blank until I hit a button.

As for seizing the phone, it can be done, I believe it would be Section 19 of PACE. Its not normally done for simple traffic offences.

The production of the licence is part of the ticket, EU licences can now be endorsed as they just create a ghost UK licence.

It is possible to be wrongly accused, I was pootling along the seafront at about 15mph having taken the dog for a swim and happened to be scratching my ear when a police officer bellowed through the open window something about phones. I stopped dead and jumped out. He was convinced I was on the phone until I showed him there was no phone in the car or on me.

Having said all that, I don't believe your reason for having your phone on your lap so I doubt the court will either.

I can already see the magistrates' eyes rolling as they listen to the OP tell his tale about "having the phone on my lap to tell the time". Sadly, popcorn is rarely available at court houses.

I think you need to pay the FPN.