On February 11, a woman in Lake Worth Beach, Florida, was pulled over for using a wireless communication device while driving. According to the citation, a deputy with the Palm Beach County Sheriff’s Office observed the device on her “right hand” while driving north on North Dixie Highway.
There’s one problem: She doesn’t have a right hand.
The woman, who goes by @slightlyoff.balance on TikTok, documented the traffic jam and posted it online, where the video quickly went viral. In the video, the deputy can be heard saying he saw the cell phone in her right hand. She pushed back on the spot.
Pursuant to Florida Statutes 316.305(3)(a), this charge, “Use of a Wireless Communication Device/Handheld Device While Driving—First Offense”—is punishable by a civil penalty of $116.
She has since requested the body camera footage from PBSO and said she plans to fight the subpoena in court.
But the detail on the right is almost irrelevant to the point: Even if she had two hands, the ticket might not stand up, the lawyer said.
Under current Florida law, it is not illegal to simply hold a cell phone while driving outside of school zones and active work zones. The regulation specifically targets the manual typing or input of letters, numbers or symbols into the device. Ticket Clinic attorney Ted Hollander told CBS12 (1) that neither the school zone nor the construction zone was inspected on the ticket.
“Whether she’s holding it with her right hand or her left hand, it doesn’t matter,” Holland told CBS12. “If you’re not in a school zone or a construction zone, you can have your phone.”
Attorney Donahue agreed, calling the statute “very clear” and noting that texting-while-driving tickets are rare in Palm Beach County, in part because it’s difficult for officers to prove it.
Holland then made a broader point: Most people just pay.
“A lot of times people pay for tickets they shouldn’t, and this might be one of them,” he said. “But luckily this woman seems to be standing up for herself.”
This instinct to just pay up and move on is understandable. The fine feels small. But the damage from a distracted driving ticket doesn’t end after you pay the money—it continues to intensify for years.
The Zebra analyzed millions of insurance rates and found that distracted driving violations can increase premiums by an average of 23 percent, or about $357 per year. (2) Because insurance companies typically retain fines for about three years, the cost of additional insurance for a single ticket can exceed $1,071 in addition to the original fine.
Insurance.com data tells a similar story, with an average increase of 28%. For example, their analysis found that after the text message breach, annual premiums for Nationwide policyholders rose from about $1,548 to $2,119, an increase of 37%. (3) For drivers already looking for ways to lower their car insurance costs, a distracted driving ticket can wipe out years of savings at once.
States range widely. California drivers’ average premiums will rise 51% after receiving a distracted driving ticket, more than $1,235 each year. New York driver? Only 11%.
For anyone considering whether to challenge a subpoena, the math is worth considering. Traffic ticket attorneys typically charge $200 to $500 for a standard case. This is a fraction of the insured loss three years after conviction. An attorney can try to negotiate the moving violation down to a non-moving violation, or dismiss the violation entirely so that you no longer have points on your record and a spike in premiums. Make sure you have a case before doing this.
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The case comes at a strange time for Florida. Distracted driving is a serious and growing problem in the state, but the law as written is narrower than most people (including some officials, apparently) realize.
A car accident occurs every 44 seconds in Florida, and one in seven crashes is caused by a distracted driver. Preliminary data for 2024 shows that distracted driving resulted in nearly 300 deaths and more than 2,200 serious injuries in the state. (4) Nationally, the death toll is even worse: In 2023, distracted driving accidents killed 3,275 people and injured an estimated 324,819 people. (5) NHTSA estimated in 2019 that these accidents cost $98 billion in annual economic losses. If loss of quality of life is taken into account, this number rises to $395 billion. (6)
Florida’s current distracted driving finesse is one of the most lenient in the nation. A first-time texting violation carries a base fine of $30 — a no-moving violation with no license points. A second violation within five years results in 3 points and a $60 fine. Court costs and fees make the actual total higher (the woman was charged $116 in this case), but Florida’s penalties are lighter compared with states like Oregon, where first-time offenses can reach $1,000.
This may be changing. In the 2025 legislative session, SB 1318 – Florida’s Hands-Free Driving Act – passed unanimously through multiple Senate committees. It would ban the use of all handheld devices while driving statewide, not just in school and work zones. But the bill died when its companions in the House failed to advance it. (7) More than 30 states already have similar laws in place, and advocates expect Florida lawmakers to revive the effort.
The attorneys featured in the CBS12 report had a consistent message: Know what your state’s laws actually say, and don’t assume it’s watertight just because you’ve been issued a ticket.
In Florida, the current statute is narrower than many drivers realize, and apparently narrower than some police officers realize. But Donahue warned against taking this as a green light.
“You don’t want to be in a position where you have to prove your innocence,” he said. “While the law isn’t that strict, you do need to treat it like a reality.”
For anyone who receives a ticket, the fine is almost always the cheapest part of the ticket. Between increased insurance premiums, potential points on your driver’s license, and downstream effects on employment and driving records, a distracted driving ticket can quietly add up to thousands and undo any progress you’ve made in lowering your car insurance costs.
Lake Worth beach woman says she’s fighting her fate. Considering how the attorney feels about this particular subpoena — and how a conviction could cost her over the next three years — that’s hard to argue with.
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CBS12/WPEC (1);zebra(2); Insurance Network (3); FLHSMV(4); National Highway Traffic Safety Administration (5); NHTSA research report (6); Florida Senate (7)
This article provides information only and should not be considered advice. It is provided without any warranty of any kind.
