A Florida woman is in the clear after getting hit with a fine for distracted driving \u2014 because she was able to prove that, contrary to the charges that said she was holding a smartphone in her right hand while driving, she, in fact, does not have a right hand at all.<\/p>\n
The woman, a fitness influencer and adaptive athlete named Katie Thomas, took to TikTok after the judgment: \u201cI cannot make up the reason behind why [the case] was dismissed. It says \u2018Lack of evidence.\u2019 Bro, we knew that already.\u201d Then she held up her arm with a missing hand (1).<\/p>\n
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Thomas\u2019 ordeal began in February, when a Palm Beach County Sheriff\u2019s officer pulled her over for driving while holding a phone in her right hand. In bodycam footage of the incident (2), Thomas shows the officer she\u2019s missing her right hand and asks if the officer wants to \u201cjust call this a day (3).\u201d The officer, however, insisted on issuing a $116 citation for holding a device while driving.<\/p>\n
Thomas\u2019 months-long ticket challenge included requesting the bodycam footage, which she posted earlier this week, a day before a court appearance. The video went viral and, the next day in court, the case was dismissed \u2014 a move reportedly requested by the arresting officer (2).<\/p>\n
In a statement to Moneywise, the Palm Beach County Sheriff\u2019s Office said \u201cthe deputy initiated a traffic stop based upon his visual observation at the time of the incident,\u201d adding that \u201cafter additional review of the Florida State Statutes involved and based upon the totality of the circumstances,\u201d the dismissal decision was \u201cbased upon the difference in wording\u201d between two Florida statutes that govern the use of handheld devices while driving. They added that \u201can agency review of the case is underway.\u201d<\/p>\n
Thomas didn\u2019t immediately respond to Moneywise\u2019s request for comment.<\/p>\n
The cost of wrongful driving tickets <\/p>\n
According to the U.S. Bureau of Transportation (4), texting while driving is banned in 48 states. That includes Florida, which bans it via state statute 316.305 (5), which the Palm Beach County Sheriff\u2019s office cited to Moneywise.<\/p>\n
The other state statute the sheriff\u2019s office cited \u2014 number 316.306 (6) \u2014 bans any use of handheld wireless devices while specifically driving through \u201cschool and work zones\u201d \u2014 which it appears there\u2019s no evidence Thomas did.<\/p>\n
Story Continues <\/p>\n
Her case, however, highlights the importance of fighting back against wrongful driving tickets. Though her citation was for a first offence, and a relatively low cost of $116, the long-term costs can prove much greater. This is especially true when it comes to accusations of moving violations \u2014 such as speeding, driving impaired or, like Katie, using a phone while driving. For example, the minimum speeding ticket cost ranges from state to state \u2014 from only $25 in Nebraska or New Mexico to $234 in California (7) \u2014 though the cost can rise significantly based on the severity.<\/p>\n
Defending your case often means hiring a lawyer, which can run up to more than $1,000 for more serious cases, according to Houlon, Berman, Finci, Levenstein & Feldman, LLC (8). However, the firm notes those who decide to skip that step and just pay the ticket could be in for a worse financial shock: a jump in insurance rates. For example, a speeding ticket for going 10 mph over the speed limit doesn\u2019t seem so bad. But you could see a 20% insurance premium jump as a result, according to Wawanesa Insurance (9). More serious accusations, like a DUI, could spike your insurance premiums by more than 80% \u2014 or lead to policy cancellation entirely.<\/p>\n
Experian found traffic tickets can bump auto insurance rates by 27% \u2014 or $582 \u2014 annually (10). After three violations, it can jump 54%. In real numbers, that can take a $2,138 annual cost of insurance up to $2,720 after one violation and $3,300 after three violations.<\/p>\n
Most experts agree that such insurance hikes could last between three to five years \u2014 or up to a decade or more for more serious infractions. You can also lose points on your license. Violations may also impact your driving history and influence future insurance rates.<\/p>\n
Read More: Taxes are going to change under Trump\u2019s \u2018big beautiful bill\u2019 \u2014 4 reasons you can\u2019t afford to waste time<\/a><\/p>\n How to fight a driving ticket <\/p>\n The potential long-term insurance costs can make the expense of shorter-term legal representation a little more palatable.<\/p>\n Legal experts note that it\u2019s important to work out how much a lawyer will cost and if it\u2019s worth it for the ticket, as minor first offenses may not impact future costs. That said, if you do challenge a ticket (11), it\u2019s recommended that you stay on top of all legal deadlines for contesting it, as waiting too long could result in a default order to pay.<\/p>\n While various legal strategies to challenge a ticket (12) can apply based on individual situations, a common approach is to contest the officer\u2019s judgment. That can take multiple forms, but generally includes documenting as much about the alleged incident as possible, including witness testimony, photos and videos of the events \u2014 as Katie Thomas did in requesting the bodycam footage \u2014 or scene of the infraction, and anything else that could help your case when it comes before a court.<\/p>\n You could also document a \u201cmistake of fact,\u201d an example of which would be showing a one-way street sign was obscured, which is why you drove the wrong way down that street (11). And if the legal route isn\u2019t financially or otherwise feasible, some states will allow you to preserve your driving record \u2014 and perhaps even cut the cost of a ticket \u2014 if you agree to attend safe driving courses (9).<\/p>\n You May Also Like <\/p>\n Join 250,000+ readers and get Moneywise\u2019s best stories and exclusive interviews first \u2014 clear insights curated and delivered weekly. Subscribe now.<\/a><\/p>\n Article Sources <\/p>\n We rely only on vetted sources and credible third-party reporting. For details, see our ethics and guidelines<\/a>.<\/p>\n TikTok (1)<\/a>, (3)<\/a>; KATV (2)<\/a>; Intelligent Transportation Systems (4)<\/a>; Florida Legislature (5)<\/a>, (6)<\/a>; Visual Capitalist (7)<\/a>; Houlon Berman (8)<\/a>; Wawanesa (9)<\/a>; Experian (10)<\/a>; FindLaw (11)<\/a>; Anthemeap (12)<\/a><\/p>\n This article originally appeared on Moneywise.com<\/a> under the title: A Florida woman beat a $116 ticket by proving she has no right hand \u2014 but fighting tickets still comes at a price<\/a><\/p>\n This article provides information only and should not be construed as advice. It is provided without warranty of any kind.<\/p>\n