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post #3 of (permalink) Old 27th February 2007
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Whilst I totally agree with you, however if for example there is another person in the vehicle it could be argued that the 2nd person was using the phone. If my wife was with me for example, she would be the one using it and not me as the driver. I think that this would be very difficult or impossible for the police to prove otherwise. In the case of a single driver in the car then yes the fact that the phone was used by the driver could be proved.
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