The appellant appealed his conviction for operating a motor vehicle while using a handheld device contrary to section 78.1(1) of the Highway Traffic Act.
The trial judge found that the appellant held a cell phone in his hand while driving.
On appeal, the appellant argued that the officer's testimony lacked sufficient detail to establish that the object was a cell phone and that the verdict was unreasonable.
The appellate court dismissed the appeal, finding that the officer's observations were sufficient to establish that the appellant was holding a cell phone and that the trial judge did not misapprehend the evidence or apply an incorrect standard of proof.
