CASE LAW - R v Jahani

BC Courts Coat of ArmsThis case results from a cell phone infraction enforcement deployment at the intersection of Marine Drive and Capilano Road in North Vancouver. On October 28, 2015 Masoud Jahani was observed looking down while stopped at a red light. When the constable approached Mr. Jahani's vehicle, he could be seen with a cell phone in his hand. He was directed to the side of the road where he told police that he had been inserting a charging cord into the phone because the battery was low. A violation ticket was issued.

Mr. Jahani disputed the traffic ticket and was convicted in traffic court.

He appealed the conviction and appeared before the Honourable Madam Justice Maisonville. Of interest in the judgment is an examination of what it means to use a cell phone. The justice found that charging the phone was one of it's functions and dismissed the appeal.

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