A driver charged with distracted driving—for wearing earbuds on a cellphone with a dead battery—has had his appeal dismissed by the B.C. Supreme Court on grounds that he was “holding” and “using” the device.
Supreme Court Justice Heather Holmes told Patrick Henry Grzelak on Oct. 6 that she found no error in the provincial court’s ruling that he was “holding the device in a position in which it may be used.”
