Why are drivers being prosecuted for using phones when they're scratching their ears?

I’m devoting most of this week’s column to an injustice briefly touched upon on 12th January (‘Wrong Arm of the Law’). It seems that drivers are increasingly being bullied into accepting fixed penalties for using mobile phones when all they are really doing is scratching their ears. Enlightened JPs, such as GR of Royston, who demand more evidence than merely a police officer’s testimony, are few and far between. Of course, using a mobile phone on the move should remain an offence. But there should be a greater burden of proof than mere ‘observation’ by a police officer; preferably a photograph or video, backed up by phone company records.

Asked on 23 February 2013 by

Answered by Honest John
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