Much of the decision is given over to the definition of the words use and operating in the Motor Vehicle Act. Both words appear to be sticking points in other distracted driving cases. The justice s ruling also adds to a list of distracted driving tickets to get tossed out of court after drivers appealed – often on the grounds that they were not touching their phones. Like many other cases, Bleau s situation involved him placing his cell phone in a cup holder in the centre console. The decision says Bleau was driving to work and playing a podcast from his phone wirelessly through the truck stereo.