The defendant was charged with driving while holding or using a hand-held wireless communication device contrary to section 78.1(1) of the Highway Traffic Act.
An investigating officer observed the defendant operating a tractor-trailer and believed he saw the defendant holding a cell phone.
Upon stopping the vehicle, the officer photographed a Motorola device in the cab.
The defendant testified he was holding a water bottle and that the device in question was a scanner used to record delivery details for his employer, not a communication device capable of making phone calls.
The court found reasonable doubt as to whether the defendant was holding a hand-held communications device or another object, and dismissed the charge.
