Q: Alleged misconduct of cell phone use? What do you think?

You have no control over incoming calls, except to not answer them.
If photo registered 0 mph, would that be a violation?

I have a message on my phone that basically says -
"I'm currently driving, I will now pull over, and call you back.
Don't bother leaving a message that will not be heard."

 

I'm not judging the infraction. Like you said. What is done is done.
I would have accepted the new camera, while looking for a new job.

 

Correct me if I am wrong but it looks like the camera is stationary and the phone has moved.

if it is stationary, then it was partially wrong to fire you but if it is moved, then it is on you.

 

My thoughts? You are busted.

You didn't want a driver facing camera because you know you use your phone while you drive. You didn't know that their camera would catch a reflection of your phone use in the windshield.

Take your lashings and learn. I'm tired of passing drivers who are playing on their phones. I see it ALL THE TIME. I take my phone and put it on the dash face down. Problem solved. If it rings I use a headset to answer.

 

I agree with @Ridgeline here. The reflection of your phone indicates to me that you had it in your hand. Even though it looks like you were at an intersection, if you weren't parked or appeared to have pulled to the side, you may have fouled up. Then you got an appropriate consequence. Now you've potentially got a big problem finding your next job in this tightened job market. You want local, but you better hope that your company didn't ding up your record and say the exact reason as to why they let you go because it will difficult to impossible to land a local job, or any job for that matter. Should you get another opportunity, you need a cell phone holder, or in my case, I have velcro stuck to the dash and on the back of the phone. I also turn off notifications while I drive. You'll need to take better precautions going forward.