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Canada Man ticketed for using mobile while driving, although it's battery was dead

Patrick Henry Grzelak was driving home from work & used his mobile phone whose battery was dead but ticketed by the cops as they saw him wearing earbud headphones. The screen wasn't illuminating, no music, no talks or anything was coming through the earbuds too; he contested the ticket. Court documents support him, but hearing finds him guilty of violating the Motor Vehicle Act; fined C$368 & 4 points in British Columbia.