The appellant appealed his conviction for driving while holding a hand-held wireless communication device contrary to the Highway Traffic Act.
At trial, the police officer testified to seeing the appellant holding a cell phone, while the appellant testified he was holding the gearshift of his manual transmission vehicle.
The trial justice convicted the appellant after simply stating she accepted the officer's evidence.
The appeal court found the trial justice erred in law by failing to apply the standard of proof beyond a reasonable doubt and the W.(D.) framework for assessing credibility.
The appeal was allowed and a new trial ordered.
