Florida traffic citation against woman with no right hand dismissed for lack of evidence

A traffic citation issued to a Florida woman accused of holding a mobile phone in a right hand she does not have has been dismissed, after the Palm Beach County Sheriff's Office deputy who issued it requested its withdrawal ahead of a scheduled court hearing.

The citation was dismissed for lack of evidence, according to a post shared on 27 May 2025 by the driver, identified publicly as Katie and known on social media as Slightlyoff.balance.

Katie is an adaptive athlete who documents her life with a limb difference across her social media platforms.

The incident and the citation

The citation was issued on 11 February 2025 at approximately 8:04 a.m. along North Dixie Highway in Lake Worth Beach, Florida. The charge was listed as "Wireless Comm. Device/Handheld While Driving – First Offense" under Florida Statute 316.305(3)(a), carrying a civil penalty of US$116.

During the stop, the deputy stated he had observed Katie holding a device in her right hand while travelling northbound on North Dixie Highway. Katie does not have a right hand.

Video of the stop shared on TikTok drew widespread attention, with social media users urging her to contest the citation. In the months that followed, Katie documented her efforts to dispute the charge.

She attended a court hearing in late April 2025, where she entered a not guilty plea, and was scheduled to return to court on 27 May 2025.

Body-camera footage

On 26 May 2025, ahead of her scheduled appearance, Katie published body-camera footage she had obtained through a public records request to both her Instagram and TikTok accounts.

The footage shows the deputy informing Katie of the reason for the stop. Katie lifts her right arm in response, saying, "Obviously not," before laughing and asking, "So you wanna just call this a day?"

The deputy, however, maintained that he had seen her hold a device with her right hand and continued to question her about phone use while driving.

At one point the deputy asked her to put her "hand to God." Katie raised her right arm in response, prompting the deputy to say, "The other hand to God." He then requested her licence and registration before issuing the citation.

Dismissal

The Palm Beach County Sheriff's Office deputy requested that the citation be dismissed before the court hearing scheduled for 27 May 2025. Katie confirmed in an Instagram post that day that the case had been dropped for lack of evidence.

A hearing that had been scheduled for that date was cancelled after the citation was withdrawn.

Florida's distracted driving law

Under Florida's Wireless Communications While Driving Law, which has been in effect since 2013 and was strengthened in 2019, drivers are prohibited from manually typing or entering characters into a wireless communications device while operating a vehicle.

The law covers non-voice communication such as texting, emailing, and instant messaging.

However, the statute includes several exceptions. Drivers are permitted to use a device for navigation or GPS purposes, to receive safety alerts, to report emergencies, and to engage in voice communication that does not require manual input.

Attorney Ted Hollander with the Ticket Clinic noted that the statute distinguishes between general road use and specific zones.

"Whether she's holding it in her right hand or her left hand, it really doesn't matter," Hollander said. "If you are not in a school zone or a construction zone, you are allowed to hold a cell phone."

Handheld use is specifically prohibited in designated school crossings, school zones, and active work zones. Hollander noted that neither of those boxes was checked on the citation issued to Katie, indicating the stop did not occur in either zone.

Enforcement and burden of proof

Traffic law practitioners noted that proving distracted driving violations presents a practical challenge for law enforcement.

"It's really difficult for the officer to prove that unless they visually see it or have it on their cameras," attorney Donahue was quoted as saying. "That's one of the reasons why you pretty much never see this infraction enforced."

Hollander observed that many drivers pay citations without contesting them, even in cases where the ticket may not withstand scrutiny in court.

"So a lot of times people pay tickets that shouldn't be paid," he said. "But luckily this lady seems to be standing up for herself."

As a first offence, a violation under the statute is a non-moving civil traffic infraction punishable by a fine. A second offence within five years may result in demerit points on a driver's licence.