Full Breakdown
Florida Influencer’s Distracted-Driving Citation Dismissed After TikTok Challenge
5/29/2026, 12:12:30 AM
Incident Overview
On February 11, 2024, a Palm Beach County Sheriff’s Office deputy stopped Katie, a creator known as Slightlyoff.balance, on North Dixie Highway. The deputy cited her for “Wireless Comm. Device/Handheld While Driving – First Offense” under Florida Statute 316.305(3)(a), a $116 civil penalty, claiming she held a phone in her right hand—a hand she does not have. After posting the stop on TikTok, Katie contested the citation; deputy later requested its dismissal for lack of evidence, and the hearing was cancelled.
Florida’s Wireless-Communications-While-Driving Law
Florida’s wireless-communications-while-driving statute (316.305(3)(a)) makes it a primary offense to manually type, enter, or send letters, numbers, or symbols on a device while driving. Handheld use is prohibited only in school zones, school crossings, and active work zones. The law permits device use for navigation, safety alerts, emergencies, and voice calls that do not require manual typing.
Key Parties
Katie (Slightlyoff.balance) – Adaptive athlete and influencer who challenged the citation.
Palm Beach County Sheriff’s Office deputy – Issued and later withdrew the citation.
Attorney Donahue – Traffic-law specialist.
Attorney Ted Hollander (Ticket Clinic) – Commented on the legal distinction.
Timeline
- Feb 11, 2024: Traffic stop and citation.
- Apr 2024: Not-guilty plea entered.
- May 26, 2024: Body-camera video posted.
- May 27, 2024: Deputy requested dismissal; hearing cancelled.
Enforcement and Legal Interpretation
Attorney Donahue stressed that the statute requires manual typing, not merely holding a device. Hollander noted that the hand used is irrelevant outside school or construction zones, where holding a phone is permitted. Both attorneys said proving a violation without clear visual evidence is difficult, which explains why many similar citations are not contested.
Criticism of Enforcement Practices
Observers note the deputy’s claim relied solely on visual observation, yet the body-camera footage shows repeated questioning of Katie’s nonexistent right hand. Donahue warned that officers “pretty much never see this infraction enforced,” highlighting the high evidentiary burden.
Verbatim Quotes
- “It says you have to be engaged in manually typing letters or numbers into the device.” — Donahue, Traffic-Law Attorney
- “Whether she's holding it in her right hand or her left hand, it really doesn't matter,” — Ted Hollander, Ticket Clinic
- “Obviously not,” — Katie, Slightlyoff.balance (in response to deputy’s claim)
- “The other hand to God.” — Deputy, Palm Beach County Sheriff’s Office (body-camera audio)
Conflicting Reports & Gaps
The deputy asserted seeing a phone in Katie’s right hand, but the released footage shows no such hand and the officer’s basis remains unverified. PBSO has not issued further comment.
Implications and Ongoing Discussion
The viral clips have revived debate over the clarity of Florida’s distracted-driving law and may prompt calls for clearer guidance on handheld-use violations outside restricted zones.
