The appellant appealed a conviction under s. 78.1 of the Highway Traffic Act for driving while holding and using a hand-held wireless communication device.
He did not challenge the trial justice's factual findings or legal interpretation, but argued for a novel public-interest defence based on his employment duties operating a transit fare device.
The appeal court held that the offence and statutory exemptions were correctly applied, that being stopped at a red light did not excuse the conduct, and that it was not the court's role to create an additional defence not enacted by the Legislature.
The conviction appeal was dismissed.
