Perhaps in a case such as this the 'burden of proof' should rest with the Defence. 'Guilty until proved innocent' in other words. But the Human Rights lobby would make mincemeat of that I suppose!
And as for two-way radios: I have never possessed such a thing and certainly never thought of using one while driving. My experience is, they are considerably more difficult to operate than handheld phones (you have to keep pressing and releasing the 'transmit' button). Do repeatedly-offending drivers equip themselves with such a device, simply so that they can use it as 'evidence' in their defence? Surely a loophole in the Law here that could be plugged!
This, on the other hand, is worrying in the other sense. On numerous occasions I find myself setting off in the car only to discover that my phone is still in my pocket, so I have quickly passed it to my wife in the passenger seat. Surely the law cannot be such an ass!Mick F wrote:Wasn't there a case a few months ago that a chap was done for using a mobile, when all he did was move it from the dash board? A police car went past and they saw him touching it. The phone was examined and he hadn't used it to make or receive a call. He was simply moving it.