The appellant, Diljot Sethi, appealed a conviction for operating a motor vehicle while holding a handheld communication device, contrary to section 78.1 of the Highway Traffic Act.
The trial Justice of the Peace found the appellant guilty, imposing a $500 fine and costs.
The appellant argued that the Justice of the Peace erred in concluding that even if his testimony was accepted, it would still constitute an offence.
The appeal court reviewed the evidence and the relevant legislation, including exceptions for hands-free use and specific actions like making or ending calls.
The court found that the appellant's admitted use of the device to access his electronic logbook, even if mounted, was not a permitted exception under the regulation.
The appeal was dismissed, upholding the conviction.
