A Bit Odd

The Daily Mail reports the acquittal of a driver who seems to have advanced the defence that he was only using his mobile phone as a dictating machine rather than to make a call. I sat on a Crown Court appeal of a similar case last year and we were persuaded that 'using' a mobile is not just confined to making calls or sending texts; looking up numbers in the memory was also 'using' as would be recording a message. Any of the lawyers out there have a view?

(Usual caveat about the story - it was the Daily Mail so all may not be as it seems)