WHITEHORSE -- A Yukon man who claimed he was using his cellphone hands-free because he lodged it between his head and shoulder while driving has learned that loophole won't work after all.

Ian Pumphrey was ticketed for his technique, and now the territorial government has won an appeal in the case.

The ticket was originally thrown out of territorial court, with a judge saying there wasn't enough clarity around what determines hands-free cellphone use.

Yukon Supreme Court Judge Leigh Gower has now reversed the decision, finding Pumphrey guilty but handing down a suspended sentence and a day of probation.

Gower says using any body part to talk on a cellphone while driving is an offence.