The appellant appealed her conviction for driving with a hand-held communication device contrary to section 78.1(1) of the Highway Traffic Act.
The facts were undisputed: the appellant was observed operating her vehicle with a cell phone positioned between her right ear and shoulder, with both hands on the steering wheel.
The appellant argued she was not "holding" the device and alternatively that her conduct was saved by the hands-free mode exception.
The court rejected both arguments, finding that "holding" includes positioning the device between the ear and shoulder, and that hands-free mode contemplates manufacturer-designed adaptations, not merely using the device without hands.
The appeal was dismissed.
