It's the same argument they use over a drunk driver .. even one sleeping it off whilst parked up in the pub car park - in the back seat with the key in his pocket (Came up on PH ... ages ago. )
The idea is the "obvious intent to drive a car". If the defendant can prove to the court's or magistrates' satisfaction that there was none.. he may get aways with it.. but really in practialc real world - you need the Freeman types to pull it off successfully
Of course - I think - with the phone call and the comfort zone of air con and warmth - a BiB should use some common sense and not the letter of the law as this is not the same thing the likelihood of someone intoxified and inebriated actually driving home whilst still hung over.
Still no fan of the mobile phone and like my dear wife wildy

.... I still do not understand why someone feels that compulsion to either phone someone or answer the call whilst driving. Business went on before these horrid little phones .. the world does not cave in over a missed telephone call. My job is a little different. As junior doc on long hours stints - I could leave the hospital premises for a break - but could be called back and was supposed to remain within reasonable distance. I had a "bleep" doo-dah and when it sounded and if not on hospital premises - had to find phone and advise ETA back at "base". Sure .. the mobiles are quite "handy" in that respect these days .. but .. there are
hands free devices for the one syllable replies .. so I still do not see why we have this issue over hands held phones.
Perhaps we are back to the old argument of courtesy and common sense on this subject

I only use my mobile phone for emergency.. if separated in a crowd from my wife if on a joint trip. or to round up the family on a shopping or holiday trip .. and we did "own things". I do not really need it or use it for much else.

If in the car.. it's hands free use only .. and conversations tend to be short.
