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A traffic citation issued to a woman who said she was accused of holding
a phone in a hand she does not have has been dismissed.

Court records show the citation was dismissed at the request of the Palm
Beach County Sheriff’s Office deputy who issued it. A court hearing had
been scheduled for Tuesday, but was canceled after the case was dropped.

The citation, issued Feb. 11 along North Dixie Highway in Lake Worth
Beach, accused the driver of violating Florida’s wireless communications while driving law. The case drew widespread attention after the woman
posted video of the traffic stop on TikTok, where she questioned the
deputy’s claim that he saw a device in her “right hand.” She said she does not have a right hand.

EARLIER STORY IS BELOW

A Lake Worth Beach traffic stop is gaining attention online after a
woman was cited for using a wireless communications device while
driving, but video of the encounter is now sparking debate over how
Florida’s distracted driving law is enforced.

The citation, issued by a deputy with the Palm Beach County Sheriff’s
Office on February 11 around 8:04 a.m. along North Dixie Highway, lists
the charge as “Wireless Comm. Device/Handheld While Driving – First Offense” under Florida Statute 316.305(3)(a), with a civil penalty of
$116.

In a video posted to TikTok that has since gone viral, the driver
records the stop and questions the deputy’s observation. The citation indicates the deputy observed a handheld device while she was traveling northbound on North Dixie Highway.

During the stop, the deputy is heard stating he saw the device in her
“right hand.” The woman says she does not have a right hand and plans to challenge the citation in court. She has also requested body camera
footage from PBSO. CBS12 has submitted a public records request for that footage as well.

What Florida law actually says
Florida’s Wireless Communications While Driving Law has been in effect
since 2013 and was strengthened in 2019, making texting while driving a
primary offense, meaning drivers can be pulled over solely for that
violation.

Under the 2025 Florida Statutes, drivers may not manually type or enter letters, numbers, or symbols into a wireless communications device while operating a vehicle for non-voice communication, such as texting,
emailing, or instant messaging.

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

“The statute’s actually really explicit,” 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
under current Florida law outside of certain zones. The statute focuses
on manually typing, entering multiple letters or numbers, or sending and receiving data while operating a vehicle.

Additionally, handheld use of a wireless device is specifically
prohibited in designated school crossings, school zones, and active work
zones. Attorney Ted Hollander with the Ticket Clinic says that
distinction is key.

“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 that on this citation, neither a school zone nor
construction zone box is checked.

“The fact that neither one is checked off tells me that this did not
occur in one of those zones,” he said.

Enforcement and burden of proof
Hollander says it’s common for drivers to pay citations without
questioning them — even in cases where the ticket may not hold up in
court.

“So a lot of times people pay tickets that shouldn't be paid, and this
could have been one of those examples,” he said. “But luckily this lady seems to be standing up for herself.”

Donahue says enforcement can be challenging.

“It’s really difficult for the officer to prove that unless they
visually see it or have it on their cameras,” he said. “That’s one of
the reasons why you pretty much never see this infraction enforced.”

Donahue said that in his experience practicing traffic law in Palm Beach County, texting-while-driving citations are rare.

If a driver contests the ticket, the case would go before a traffic
magistrate or judge. As a first offense, the violation is a non-moving
civil traffic infraction punishable by a fine. A second offense within
five years could carry points on a driver’s license.

Donahue notes that even though the statute is narrowly written, drivers
should still exercise caution.

“You don’t want to be in a position where you have to prove your innocence,” he said. “Although the law is not that strict, you really
need to treat it almost like it is.”

The woman says she has requested a hearing date and plans to fight the
citation in court. PBSO has not yet responded to CBS12’s request for
body camera footage or comment on the stop.

As the case moves forward, the viral video is reigniting discussion
about distracted driving laws and how clearly they are understood by
both drivers and officers.

https://cbs12.com/news/local/florida-news-viral-tiktok-charges-dismissed- for-woman-without-right-hand-cited-for-holding-phone-while-driving-south- florida-texting-while-driving-wireless-communication-device
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