There is a grey area of activity where the court said that there may be an arguable case that the offence has been committed such as when a motorist does use a phone whilst driving but to draft a text message in preparation for sending it or such as looking at messages which had been downloaded previously. Be warned, however, that the court emphasised that handling a phone for any purpose at all whilst driving could involve the commission of other offences such as careless or even dangerous driving!