The defendant was charged with driving a motor vehicle while holding or using a hand-held wireless communication device contrary to s. 78.1(1) of the Highway Traffic Act.
An officer observed the defendant holding a cellular phone while driving and the defendant admitted to holding it during the traffic stop.
Applying the W.(D.) framework, the court found the officer credible and rejected the defendant's testimony that he was not holding the phone.
The defendant was found guilty and fined $500.
