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.
The pessimistic in me says it's only a marketing campaign and they won't change anything.They made the poll be shared by people on both camps and got "We're great because we let you choose" as a response after answering.
Once I hitched a ride on the back of a empty meat truck, so it was pitch black, some minutes in my eyes got used to the dark and started to notice a projection on the front wall and I could somewhat see what was behind the truck, even got to id car models.
To preserve our privacy? (insert Padmé and Anakin stare meme)