The defendant was charged with driving with a hand-held communication device contrary to section 78.1(1) of the Highway Traffic Act.
A police officer observed the defendant holding a cell phone in his hand while operating a motor vehicle at an intersection.
The defendant testified that the phone had fallen from its dashboard mount due to rough road conditions and that he was merely cleaning debris from the screen when observed.
The court classified the offence as one of absolute liability and found that the prosecution proved all essential elements beyond a reasonable doubt.
The court rejected the defendant's explanation as incredible and found that even if the offence were strict liability, the defendant failed to establish a due diligence defence.
Conviction entered.
