The defendant was charged with driving while holding a hand-held communication device contrary to section 78.1(1) of the Highway Traffic Act.
A police constable observed the defendant holding a dark object in his right hand while driving a van on Speers Road in Oakville.
The constable identified the object as a cell phone based on his specialized experience in distracted driving enforcement.
The defendant's counsel challenged whether the object was definitively a cell phone, given the observation distance of 12 feet, light rain conditions, and lack of detailed description.
The court found the constable's lay opinion credible and reliable, considering his vantage point, specialized experience, and the subsequent observation of a matching cell phone on the vehicle's console.
The defendant was found guilty.