I'm afraid that you overstate your case.

You cannot prove that you weren't on the phone. All you can do is produce a phone bill that shows that you did not actually make any calls at the time that you were seen. You cannot show that you didn't receive any or that you weren't using the phone for some other purpose such as text thing or checking e-mails or otherwise touching the phone. The law does not require that you actually make phone calls.

In any event, the charge against you is not that you were making phone calls or using the phone but that you were not in control of the car. All they have to prove is that you were driving with the phone in your hands.

You are free to contest this. I'm not quite clear whether you accept holding the phone whilst driving or not. If you were holding the phone then you cannot see the you were not. You can only tell the truth in court obviously.

In any event, I'm afraid that magistrates do generally prefer the evidence of police officers to that of defendants and so if it comes right down to disputes between your evidence and the officers then it is likely that you will lose at the magistrates court.

You can challenge it on the basis of asking the Crown to prove that the officer could see from her location. The answer that you will get is that she is a trained observer and the bench probably when except that.

You also do face the problem of them trying to introduce your previous driving record in as bad character. They may not get away with that. It depends what the other points were for. If it does come in it will be considered motivation to lie as these 3 points would take you to 12 which would mean you are liable to totting.

Of course, they may forget to summon you. That does sometimes happen and if it does that is wonderful but you cannot rely upon it.

Sorry thats probably not the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

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