Randi Kramer is fighting a distracted driving ticket she received for having her phone charging in her car’s cupholder while driving on Oct. 1, 2019. (Trevor Kramer)

Randi Kramer is fighting a distracted driving ticket she received for having her phone charging in her car’s cupholder while driving on Oct. 1, 2019. (Trevor Kramer)

B.C. senior’s $368 ticket for cellphone in cupholder sparks debate

Woman had both hands on the wheel and was not using her phone

UPDATE: Vancouver police have since cancelled the fine. Read more here

A Richmond senior is upset after receiving a $368 distracted driving ticket for having her cellphone in the cupholder of her car.

Randi Kramer was driving along West Georgia Street in Vancouver when she stopped at a red light by the Hotel Georgia on Tuesday, her son Trevor told Black Press Media.

“She was sitting at a red light with both hands on the steering wheel when she got a tap on her passenger-side window,” Trevor said.

Randi assumed it was a panhandler, but was shocked to see a uniformed police officer.

Trevor said the officer came around to the driver’s side and asked for her licence.

“He said that it was Safe Driving Month and he was going to ticket her for having her cellphone charging and visible,” Trevor said.

Randi, who is in her 70s, told the officer she didn’t know that was against the law, and received a $368 ticket, despite not using or touching her phone.

“This was the first ticket [she’s ever gotten],” Trevor said.

Randi had been returning home after going for preventative dementia testing on the North Shore, her son said, and had been feeling positive because she’d been told “it was the best they’d ever seen.”

But the ticket “ruined” the good feeling, he said.

“She bought her car wanting one that had CarPlay, voice controls and Bluetooth,” he said, adding that his mom went out of her way to obey the law.

Trevor took to Twitter to see if the ticket was as arbitrary as he thought it was.

“Hey @IRPlawyer, what do you think of this? My mom is in her 70s, has never had a single ticket in 50+ years of driving in BC. Today, she got a $368 ticket for having her phone visible (plugged in while connected to Bluetooth for voice / SMS). She wasn’t looking at / touching it,” he tweeted at defence lawyer Kyla Lee.

Replied Lee: “Police ticket for having the phone charging. It’s ridiculous as it is not the distraction the government wishes to prohibit. Tell your mom to call me. We will help her out.

While Randi has since retained Lee, who believes she has a great chance of beating this ticket, Trevor worries about seniors who don’t have anyone to advocate for them.

“Think of the people who don’t have a son who knows how to go on Twitter,” he said.

“A lot of people don’t know the process to dispute [a ticket], or don’t understand the legislation.”

He hopes a ruling from the B.C. Supreme Court earlier this year could help clarify the issue for both his mom and other drivers.

In March, a judge ruled in favour of a man appealing a distracted driving ticket he got for driving with a phone wedged into the passenger seat.

READ MORE: Having phone within sight while driving does not violate law, B.C. judge says

Legislation states that holding the phone or “operating one or more of the device’s functions” qualifies as distracted driving.

Trevor called that “pretty vague.”

“How is a phone mount any safer than a phone sitting in a cup holder?” he asked. “Does a phone ringing in a purse count?”

When asked about the ticket, Vancouver police said: “It wouldn’t be appropriate to litigate a single traffic ticket through the media.”

In an email to Black Press Media, a police spokesperson said there was a precedent for ticketing a person for “using an electronic device even if they are not touching it.”

This would apply if a device is turned on, within reach of the driver, and causing the driver to be distracted while driving, the email said.


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

A person receives a COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. Northern Health confirmed it has the lowest vaccination rates amongst the province’s five regional health authorities. (THE CANADIAN PRESS/Jonathan Hayward)
Vaccination rates in Vanderhoof, Fraser Lake, Fort St James well below provincial average

COVID-19 immunization clinics for youth 12+ coming up in Fort St. James

Steve McAdam (left) is studying substrate conditions in the Nechako River and how they impact sturgeon eggs. The work will help design habitat restoration measures, said McAdam. (Rebecca Dyok photo)
Sturgeon egg studies to help inform future habitat restoration

“It’s an interesting, challenging issue,” says Steve McAdam

Saik’uz First Nation Coun. Jasmine Thomas and Chief Priscilla Mueller speak about the need for addiction treatment facility near Vanderhoof, March 2021. (Aman Parhar/Omineca Express)
Vanderhoof addiction treatment centre tries again with ministry support

Agriculture minister insists she is not interfering in land commission

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Cruise ship passengers arrive at Juneau, Alaska in 2018. Cruise lines have begun booking passengers for trips from Seattle to Alaska as early as this July, bypassing B.C. ports that are not allowed to have visitors until March 2022 under a Canadian COVID-19 restrictions. (Michael Penn/Juneau Empire)
B.C. doesn’t depend on U.S. law to attract cruise ships, Horgan says

Provinces to get update next week on Canada’s border closure

This undated photo provided by Girl Scouts of New Mexico Trails shows a scout donating cookies to firefighters in Rio Rancho, New Mexico, as part of the Hometown Heroes program. As the coronavirus pandemic wore into the spring selling season, many Girl Scout troops nixed their traditional cookie booths for safety reasons. That resulted in millions of boxes of unsold cookies. (Girl Scouts of New Mexico Trails via AP)
Thinner Mints: Girl Scouts have millions of unsold cookies

Since majority of cookies are sold in-person, pandemic made the shortfall expected

In this artist’s sketch, Nathaniel Veltman makes a video court appearance in London, Ont., on June 10, 2021 as Justice of the Peace Robert Seneshen (top left) and lawyer Alayna Jay look on. THE CANADIAN PRESS/Alexandra Newbould
Terror charges laid against London attack suspect

Crown says Nathaniel Veltman’s four counts of first-degree murder constitute an act of terrorism

Premier John Horgan speaks as provincial health officer Dr. Bonnie Henry, right, and health minister Adrian Dix look on during a press conference to update on the province's fall pandemic preparedness plan during a press conference from the press theatre at Legislature in Victoria, Wednesday, Sept. 9, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. officials to provide details on Step 2 of COVID reopening plan Monday

Step 2 could allow for larger gatherings and a resumption of recreational travel

Indigenous Services Minister Marc Miller is seen during a news conference, Wednesday May 19, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Indigenous child-welfare battle heads to court despite calls for Ottawa to drop cases

Feds are poised to argue against two Canadian Human Rights Tribunal rulings

The Great Ogopogo Bathtub Race has been held in Summerland as a fundraising event. Do you know which Canadian city introduced this sport? (Black Press file photo)
QUIZ: A summer’s day at the water

How much do you know about boats, lakes and water?

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

Most Read