(Original post by Jeremy1994)Basically like 2 weeks ago...I was on my way to University travelling on the M25There were severe delays because 3 lorries collided, which the motorway was at a standstill for 3+ hours.Obviously I was going to be late which wasn't my fault and miss my early lectures. so when I finally reached the crash site, I decided to video the accident on my phone as evidence and show my lecturer (which I did).All the lanes were shut and I was driving at 10-15 mph with my phone in my hand videoing.As I was moving along a single police officer just standing on one of the closed lanes shouted out "PHONE" which I instantly stop videoing and put it down. I wasn't stopped or no details were taken by the Police because I was on the motorway and I couldn't stop.. but then a few days later I receive a Intention to Prosecute letter to determine who the driver was blah blah blahThe police officer must of just got my number plateI know it's a bit unlucky, but where do I stand? I filled out they form the sent me with my driving details...I do feel the police officer hasn't got any evidence to say I was on the phone because NO calls were made or received, but I don't want to go through the hassle of pretending to denying it and going to court etc (Even though I was videoing). Because I could just dig myself a deeper hole.
The not making phone calls bit is 100% irrelevant, you aren't prosecuted for being on the phone, merely using it.
Holding your phone in your hand whilst driving could be considered enough for a prosecution.
The officer doesn't need to present evidence, he has his own eyewitness account for testimony, and as he is a sworn officer it will be believed in almost all cases.