The cop generally won't pull over someone unless the drive is holding the phone on his ear or in high position. If you were holding the phone on your ear even you didn't talk to anyone, the cop is still assuming you were using the phone. As my understanding "Using the phone while driving violation" includes dailing phone numbers, texting, talking to someone without handfree device or even operating any keys on the phone. The only way not to voilate the law is operate the switch on the bluetooth headset and use voice command to dail the number.
To get away from this ticket very depends on how the cop makes his statement. If he simply claims your were talking on the phone, you should be able to beat him easily by showing the cell phone call log from the statement and prove you did not have any communication on that time frame (Assuming the judge beleives the statement you present belongs to the phone in the case and won't question it). If the cop claims you were operating the phone, then you will hard to prove it and most likely won't be able to get away.
Good Luck!
