Jim had been seen using a mobile phone by a police officer when he was stationary at traffic lights. Jim did not deny using a phone nor holding a speaker to his ear (the actual phone being in a cradle on the dashboard). However, as he drives for a living he wanted to know if he had a defence to the charge (as a conviction could have resulted in the loss of his licence).
Does this mean if the speaker and the phone were physically connected Jim could’ve been convicted?
Well it all depends on how the Magistrates sitting on the day interpret the relevant law. Jim would still have had a good argument to put forward ie that he was not holding the actual phone.