by number I mean phone number!

I think you're in for a tough time over this. From your own admission you were holding the phone and, as I understand it, that may well be enough to constitute an offence.

One question that is bound to come up is why you were holding it, if you were not using it, or had not just used it. While you may be able to obtain phone records to prove you made no call nor sent a text message, you wouldn't be able to prove you were not reading a text or doing something else that would fall under the heading of "using" it, unless you could prove it was switched off.

Edited by FP on 30/07/2013 at 22:38

The law tries to uphold what is 'reasonable'. The reasonable assumption of a police officer seeing someone holding a phone is that they're using it for what phones are normally used for.

In any case, whatever you were using it for, they can get you for not having proper control of your vehicle, as one hand was away from the steering wheel.

What ticket did you get given?

I thought it was either a fixed penalty one that you admit to or a NIP for a future date in court????