The defendant was charged with driving a motor vehicle while holding a hand-held wireless communication device contrary to section 78.1(1) of the Highway Traffic Act.
The prosecution alleged that the officer observed the defendant holding a black Samsung cell phone while driving northbound on Jane Street at Finch Avenue West on December 14, 2016.
The defendant claimed she was holding a pack of Dentyne gum that was fluorescent and capable of being illuminated by ambient light.
The court applied the W.D. test for credibility and found that the officer's evidence was reliable and consistent.
The court rejected the defendant's explanation as implausible and found her guilty beyond a reasonable doubt.
