CASE LAW - R v Grzelak

BC Courts Coat of ArmsPatrick Grzelak has a habit of driving while wearing earbuds that are attached to his iPhone because they help block out the drone of the highway. He was stopped by police and issued a violation ticket for using an electronic device while driving. A dispute of that traffic ticket was not successful so he appealed his conviction to the supreme court of BC.

Associate Chief Justice Holmes heard the appeal and found that Mr. Grzelak's earbuds were part of the cellphone. Further, wearing the earbuds in his ears met the definition of holding them, so he was using the electronic device when it was forbidden to do so.

The original traffic court conviction was upheld as the judicial justice did not err in deciding that Mr. Grzelak was using an electronic device while driving.

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