For anyone reading this thread in the future... I just won my case two days ago based on this same scenario. I was able to provide my cell phone records that showed no texting or browser activity. I submitted R. v. Kazemi which challenges the word "holding" in 78.1 and that it should not be taken as literally as they are right now. It was a decision made at an appeals court which means it is binding and should influence a Justice of the Peace's decision in traffic court. Look up this case on www.canlii.org I also submitted R. v. Osman which is a case where the person claims to have b...