well if this is your first "offense" you would have already been convicted. If you are charged with a crime like this it can only be charged if you were caught doing the activity. AND there are NO circumstances or explanation that would be acceptable for that action of talking on the phone while operating a motor vehicle... unless of course it was the " PERFECT PHONE CALL" we have heard so much about. indybabz is just the person we are so fearful of because he believes there is some kind of excuse for being on the phone while driving. Just like someone else we know so well. FOS