While it is not illegal to take a picture in a public place it is illegal to use a flash directed at a driver. So if the phone uses a flash to enhance poor lighting conditions then the user may be charged. In any case, a photo, taken by a member of the public, would not lead to anything, as a police officer must see the offence taking place. Members of the public can only be involved in Citizen's Arrest if the maximum penalty is more than five years for the offence involved.
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