The defendant was charged with breaching section 78.1(1) of the Highway Traffic Act for using a cell phone while driving.
A police officer testified that he observed the defendant holding and scrolling through a cell phone while stopped at a red light.
The defendant testified that his phone was mounted on the dashboard and he only touched it to activate Bluetooth connectivity.
The trial judge convicted the defendant, finding the officer's evidence more credible.
The defendant appealed, arguing the trial judge's reasons failed to adequately explain the path to conviction and that the trial judge failed to apply the burden of proof correctly.
