IS AN ENGINE CUT OUT A GET OUT FOR MOBILE PHONE USE WHILST DRIVING?

It has been illegal for a motorist to use a mobile phone while driving since 2003. This includes handling the device, sending a text or following a map, even when the car is waiting at a set of traffic lights, as the engine is still running. In 2017 stricter phone driving laws came into force in a bid to deter people from breaking the rules.

A few years ago owing to an EU determination to reduce pollution many cars were being offered as standard equipment an engine cut out when the car was stationary.  I wonder if any legal eagles have attempted to use this factor in an attempt to have a client acquitted of the charge of using a mobile phone when driving.