According to a pedantic, literal interpretation of the law the police are probably correct. It is, after all, an offence to use your phone in your hand while stationary at traffic lights.

However, it does seem over the top to me, when other, more serious traffic offences seldom get picked up.

The article referenced also deals with the case of a motorist who was fined for eating a chocolate bar while driving, again, presumably, on the grounds that he was not in control. The police relented on that one.

Edited by FP on 02/12/2015 at 16:06

There was a recent case in Germany where someone was found not guilty of using a mobile phone while driving because they were stopped and the auto stop/start had switched off the engine so they were effectively parked. I wonder if this defence would fly in the UK.