The Ontario Court of Justice dismissed Susan Romualdi's appeal against her conviction for driving while holding or using a handheld communication device under section 78.1(1) of the Highway Traffic Act.
The court held that the prosecution was not required to prove that the device was capable of receiving or transmitting data wirelessly, relying on the Ontario Court of Appeal's decision in R. v. Pizzurro.
The Justice of the Peace's findings that the appellant was holding a cell phone were reasonable and supported by the evidence, including detailed observations by the police officer.
The court further found no reversal of the burden of proof by the Justice of the Peace, as the officer's evidence was uncontradicted and credible.
