G. Ellis

The defendant was charged with driving a motor vehicle while holding or using a hand-held wireless communication device, contrary to section 78.1(1) of the Highway Traffic Act.

A police officer testified that he observed the defendant holding a cell phone in his left hand while driving on the Queen Elizabeth Way.

The defendant testified that his cell phone was mounted on a magnetic holder on the dashboard and that he did not hold it while driving.

The court applied the W.(D.) credibility test and found that the defendant's evidence, considered in the context of the totality of the evidence, raised a reasonable doubt as to his guilt.

The defendant was acquitted.

The defendant was charged with failing to stop at a red light under s. 144(18) of the Highway Traffic Act.

A police officer testified that he observed the defendant's transport truck proceed through a red light at the intersection of Ontario Street south and Derry Road in Milton.

The defendant testified that the first truck ahead of him triggered a green light and that he proceeded through on the amber.

The court found the defendant's testimony internally inconsistent and illogical, particularly regarding the timing of the light cycle, the distance he maintained behind the lead truck, and his changing estimates of distances.

The court accepted the officer's evidence and found the defendant guilty beyond a reasonable doubt.

A fine of $260.00 was imposed with 90 days to pay.