The appellant appealed his conviction for driving while holding or using a hand-held wireless communication device contrary to section 78.1 of the Highway Traffic Act.
The primary issue was whether the appellant, who was operating a motorcycle and stopped at a red light when observed holding a cell phone, was "driving" within the meaning of the statute.
The appellant also argued there was insufficient evidence because the officer conceded the device could have been a GPS unit.
The appeal was dismissed.
The court held that the prohibition applies continuously from the time a vehicle is put in motion until it is parked in a position where it can be left unattended, including periods when stopped at red lights.
The distinction between motorcycles and automobiles was found to be immaterial.
