So I got some legal advice this morning. I was basically told to send a letter to expiation branch explaining my side of the story which is pretty much pointless but worth a try. Then elect to be prosecuted which lifts the fine and sends it to court then I will receive a summons to court, then send another letter to the prosecutors, hopefully they drop the charges if they read my side before the court date, then if not, il habe to go to court and argue my side, he has no proof that I was using my phone, only that I was doing 'something' on my lap out of his sight which he assumed was me texting.