A Florida woman is in the clear after getting hit with a fine for distracted driving — 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.
The woman, a fitness influencer and adaptive athlete named Katie Thomas, took to TikTok after the judgment: “I cannot make up the reason behind why [the case] was dismissed. It says ‘Lack of evidence.’ Bro, we knew that already.” Then she held up her arm with a missing hand.
Thomas’ ordeal began in February, when a Palm Beach County Sheriff’s officer pulled her over for driving while holding a phone in her right hand. In bodycam footage of the incident, Thomas shows the officer she’s missing her right hand and asks if the officer wants to “just call this a day.” The officer, however, insisted on issuing a $116 citation for holding a device while driving.
Thomas’ 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 — a move reportedly requested by the arresting officer.
In a statement to Moneywise, the Palm Beach County Sheriff’s Office said “the deputy initiated a traffic stop based upon his visual observation at the time of the incident,” adding that “after additional review of the Florida State Statutes involved and based upon the totality of the circumstances,” the dismissal decision was “based upon the difference in wording” between two Florida statutes that govern the use of handheld devices while driving. They added that “an agency review of the case is underway.”
Thomas didn’t immediately respond to Moneywise’s request for comment.
The cost of wrongful driving tickets
According to the U.S. Bureau of Transportation, texting while driving is banned in 48 states. That includes Florida, which bans it via state statute 316.305, which the Palm Beach County Sheriff’s office cited to Moneywise.
The other state statute the sheriff’s office cited — number 316.306 — bans any use of handheld wireless devices while specifically driving through “school and work zones” — which it appears there’s no evidence Thomas did.
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 — 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 — from only $25 in Nebraska or New Mexico to $234 in California — though the cost can rise significantly based on the severity.
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. 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’t seem so bad. But you could see a 20% insurance premium jump as a result, according to Wawanesa Insurance. More serious accusations, like a DUI, could spike your insurance premiums by more than 80% — or lead to policy cancellation entirely.
Experian found traffic tickets can bump auto insurance rates by 27% — or $582 — annually. 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.
Most experts agree that such insurance hikes could last between three to five years — 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.
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How to fight a driving ticket
The potential long-term insurance costs can make the expense of shorter-term legal representation a little more palatable.
Legal experts note that it’s important to work out how much a lawyer will cost and if it’s worth it for the ticket, as minor first offenses may not impact future costs. That said, if you do challenge a ticket, it’s 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.
While various legal strategies to challenge a ticket can apply based on individual situations, a common approach is to contest the officer’s 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 — as Katie Thomas did in requesting the bodycam footage — or scene of the infraction, and anything else that could help your case when it comes before a court.
You could also document a “mistake of fact,” 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. And if the legal route isn’t financially or otherwise feasible, some states will allow you to preserve your driving record — and perhaps even cut the cost of a ticket — if you agree to attend safe driving courses.
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Mike Crisolago is a Sr. Staff Reporter at Moneywise with nearly 20 years of experience working as a journalist, editor, content strategist and podcast host. He specializes in personal finance writing related to the 50-plus demographic and retirement, as well as politics and lifestyle content.
