I. Verrelli

The defendant was charged with speeding (89 km/h in a 60 km/h zone) and driving a motor vehicle with no currently validated permit.

The Crown proved the speeding charge through officer testimony regarding laser speed measurement device operation and calibration.

The defendant was convicted of speeding.

The permit charge was dismissed because Ontario Regulation 628/07 makes affixing validation evidence to the number plate mandatory but affixing it to the ownership document discretionary, rendering the charge invalid.

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 observed the defendant holding a black cell phone with both hands while texting on a highway.

The defendant was convicted after trial.

The court analyzed the statutory elements of the offence and determined that the prosecution must prove: (1) the person was driving a motor vehicle on a highway; (2) while holding or using a hand-held wireless communication device; and (3) that the device was capable of receiving or transmitting telephone communications, electronic data, mail or text messages.

The court found that momentary handling does not constitute "holding" but that the defendant's sustained holding and texting motion satisfied the statutory requirements.