The appellant appealed her conviction for holding a hand-held wireless communication device while driving, contrary to s. 78.1(1) of the Highway Traffic Act.
At trial, she testified that she merely picked up her cell phone from the floor to place it on the passenger seat while stopped at a red light.
The appeal judge held that while the prosecution does not need to prove the device was operable or that the driver intended to use it, the term 'holding' requires a sustained physical holding and does not capture a momentary handling of the device.
The appeal was allowed and the conviction was quashed.
