A B.C. Supreme Court judge has dismissed a Surrey motorist香蕉视频直播檚 appeal of a provincial court judge香蕉视频直播檚 decision to convict him of using an electronic device while driving, contrary to the Motor Vehicle Act.

Owais Ahmed Nasir Mirza appealed the conviction, which stemmed from an interaction with a police officer at 64 Avenue and 176 Street on Dec. 15, 2021. The constable, who was doing distracted driving and seatbelt enforcement at the intersection, was walking amongst vehicles stopped at a red light. He told the court he saw a cellphone lying horizontally on Mirza香蕉视频直播檚 right thigh with the screen facing upwards but not lit.

Mirza contested his ticket.

The constable testified that when Mr. Mirza saw him he put the phone on the front passenger seat and then told him to turn into the Chevron gas station nearby and issued the fine.

Mirza testified he usually left his cell phone between the passenger seat and the driver香蕉视频直播檚 seat, he had no intention of using it, that the phone was locked and his hands were on the steering wheel and that the phone was 香蕉视频直播渓eaning香蕉视频直播� against him. The provincial court judge nevertheless found him guilty of holding his cellphone in a position it could be used, declaring that 香蕉视频直播渢he short of it is that if it is being held on the lap or on the thigh, it is still holding within the meaning of the statute.香蕉视频直播�

Justice Shelley Fitzpatrick in Vancouver noted in her that 香蕉视频直播渢he issue at trial香蕉视频直播攁nd reiterated on this appeal香蕉视频直播攊s whether Mr. Mirza was 香蕉视频直播榰sing香蕉视频直播� his phone, in that he was 香蕉视频直播榟olding the device in a position in which it may be used.香蕉视频直播櫹憬妒悠抵辈��

Mirza conceded his phone may have been touching his leg 香蕉视频直播渁 bit.香蕉视频直播�

香蕉视频直播淚 take this submission to mean that Mr. Mirza confirms that his phone was leaning on his leg, consistent with his evidence at trial that it was 香蕉视频直播榣eaning on his body,香蕉视频直播櫹憬妒悠抵辈�� Fitzpatrick noted. 香蕉视频直播淢r. Mirza also again emphasizes that his hands were on the steering wheel, he was not looking at his phone and he was not using any of the functions of the phone, such as sending a text or email, making or received a phone call or employing the GPS. In all of these circumstances, Mr. Mirza asserts that he was not guilty under s. 214.2(1) of the Act.香蕉视频直播�

But Fitzpatrick said she was bound by case law, as was the provincial court judge, by Court of Appeal decisions which 香蕉视频直播渃an dictate only one result here.

香蕉视频直播淚 am not at liberty, as Mr. Mirza had suggested I am, to disregard those decisions,香蕉视频直播� she said, and 香蕉视频直播渁ccordingly香蕉视频直播� she could not conclude there is any basis under the Criminal Code to question the provincial court香蕉视频直播檚 decision 香蕉视频直播渋n respect of either his factual findings or his application of the law. Accordingly, Mr. Mirza香蕉视频直播檚 appeal is dismissed.香蕉视频直播�

tom.zytaruk@surreynowleader.com
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