R. v. Whalen | (westlaw Canada)
2014 CarswellOnt 5880 |
Ontario Court of Justice
Motor vehicles | Offences and penalties | Offences | Driving offences | Use of handheld communication device while driving
Police officer observed accused operating her motor vehicle — Accused's head was tilted significantly to her right and there was cell phone between her right ear and shoulder — Accused was convicted of driving with hand-held communication device — Accused appealed — Appeal dismissed — Definition of "holding" was sufficiently broad as to conclude that accused was "holding" cell phone between her ear and shoulder — Accused was not using "hands-free" device, nor device in "hands-free mode" as contemplated by legislation — Accused's attention to driving was necessarily distracted in manner not authorized by statute — This was exactly type of distraction sought to be eliminated by legislation.