Yes she probably used it, that’s when she can be ticketed, she shouldn’t be fined on a presumption.

Edit: Reading the note the charge is using phone while driving, not carrying the phone in unsafe manner.

Also I despise people using their phone while driving, the point here is that they must charge people for a valid reason and with proof of the infraction.

Did you read the title? She had the phone face down in her lap.

Also the SUV config is 2 doors only, not really comfortable for everyday use as a family.