PALM BEACH COUNTY, Fla. (WPEC) — A traffic citation issued to a woman who said she was accused of holding a phone in a hand she does not have has now been dismissed.
Court records show the case was dropped at the request of the Palm Beach County Sheriff’s Office deputy who issued the citation. A hearing had been scheduled for Tuesday, but it was canceled after prosecutors dismissed the case.
The citation stemmed from a Feb. 11 traffic stop along North Dixie Highway in Lake Worth Beach. The deputy accused the driver of violating Florida’s wireless communications while driving law by using a handheld device behind the wheel.
The case gained widespread attention after the woman posted a video of the stop on TikTok. In the video, the deputy tells her he saw a device in her “right hand.” The woman repeatedly responds that she does not have a right hand and says she planned to challenge the ticket in court.
The citation accused her of violating Florida Statute 316.305(3)(a), listed as “Wireless Comm. Device/Handheld While Driving – First Offense,” carrying a $116 civil penalty.
The viral stop also reignited debate over how Florida’s distracted driving law is enforced — and what the law actually prohibits.
Florida’s Wireless Communications While Driving Law first took effect in 2013 and was strengthened in 2019, making texting while driving a primary offense. That means drivers can be pulled over solely for violating the statute.
Under current Florida law, drivers are prohibited from manually typing or entering letters, numbers, or symbols into a wireless communications device for non-voice communication while operating a vehicle. That includes activities such as texting, emailing, or instant messaging.
However, the law includes several exceptions. Drivers may legally use devices for navigation, GPS, safety alerts, emergency reporting, and voice communication that does not involve manual typing.
“The statute’s actually really explicit,” traffic attorney Michael Donahue said. “It says you have to be engaged in manually typing letters or numbers into the device.”
In other words, simply holding a phone is not automatically illegal outside certain restricted areas.
Florida law separately bans handheld wireless device use in school zones, school crossings, and active work zones. Ticket Clinic attorney Ted Hollander said that distinction is important in this case.
“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.”
Hollander noted the citation did not indicate the stop occurred in either a school zone or a construction zone.
“The fact that neither one is checked off tells me that this did not occur in one of those zones,” he said.
Attorneys say texting-while-driving citations can also be difficult to prove in court.
“It’s really difficult for the officer to prove that unless they visually see it or have it on their cameras,” Donahue said. “That’s one of the reasons why you pretty much never see this infraction enforced.”
He added that many drivers simply pay citations without challenging them, even when the facts may not support the ticket.
“So a lot of times people pay tickets that shouldn’t be paid,” Hollander said. “But luckily this lady seems to be standing up for herself.”
The woman had requested body camera footage from the stop, and CBS12 also submitted a public records request for the video. PBSO has not publicly commented on the incident.
