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

Two streaks end at Prince Rupert Rampage first away game

The Kitimat Ice Demons won their first game after two year drought

Climate, reconciliation and industry top all candidates agenda in Terrace

Debate was the candidate’s last opportunity to address voters in a public forum

Saik’uz and Stellat’en First Nations court battle against RioTinto Alcan to start next week

Saik’uz and Stellat’en First Nations are taking Rio Tinto Alcan to court over their functioning of the Kenney Dam that affects the Nechako River

Climate change, economy and reconciliation take centre stage at Oct. 15 All-Candidates Forum

Six of the eight candidates were in attendance at the Smithers event

ELECTION 2019: It’s so close, it could come down to who turns out to vote

Black Press Media’s polling analyst on the origins of predictive seat modelling in Canada

Jack’s Devils beat Quinn’s Canucks 1-0 in NHL brother battle

New Jersey youngster scores first career goal against Vancouver

Two charged after owner’s wild ride through Kamloops in his stolen truck

Crystal Rae Dorrington, 37, and Derrick Ronald Pearson, 32, facing multiple charges

Judge orders credit union’s bank records for Kelowna social worker facing theft allegations

The man is accused of negligence, breach of contract, fraud and a conspiracy with Interior Savings

Leaders pour it on with rallies, boosts for candidates as campaign reaches peak

The federal election campaign has reached a crescendo

Allegations of racism lead to ministry investigation at Vancouver private school

St. George’s School was contacted over what the school describes as ‘deeply offensive behaviour online’

Not a political question: Thunberg calls for climate action in Alberta

Edmonton police estimated the size of the crowd at about 4,000

Zantac, the over-the-counter heartburn drug, pulled in Canada, U.S.

Health Canada also investigates possible carcinogen in some ranitidine drugs

B.C. public safety minister says cannabis edibles not in stores til January

Mike Farnworth says he wants regional issues considered when it comes to licensing

Most Read