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Originally Posted by carlingman
 Top advice as ever.
But my main worry here would be the broader picture.
By proving that it does nothing to prove that the phone as far as they are concerned belonged to the driver.
They would dispute this proves nothing other than the person concerned not using their own phone at the time.
But if they have evidence against this then it will not help.
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And of course the implications are quite frightening. The idea of "don't bother arguing, it's two against one". If the guy in McDonalds has a bad day he gives you less chips or burns the burgers; if the postman has a bad day he may mis-deliver some letter; if a WPC has a bad day you can end up with points and fines... and it seems there's not much that can be done about it.