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The court dismissed an appeal against a conviction for using an electronic device while driving, holding that earbuds connected to a dead iPhone formed part of the device.
In the context of distracted driving legislation s.100D(1) of the Nova Scotia Motor Vehicle Act, 'use' does not extend to a driver holding a hand-held cellular device and speaking to a voice-activated navigation system when doing so does not require looking at the screen and is directly related to safe operation; therefore the respondent was not 'using' a cellular telephone and the acquittal stands.
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