Florida's Wireless Communications While Driving Law, which prohibits handheld phone use while driving, requires law enforcement to accurately observe and document violations; this case demonstrates that drivers with physical disabilities can challenge citations when officers make factual errors about their actions, and such cases may be dismissed upon review.
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BODYCAM: Florida cop pulls over woman MISSING right hand, CITES HER for holding phone in right handAdded:
Hello, ma'am.
Hey, good morning. I'm Deputy Gonzalez with the Palm Beach County Sheriff's Office. The reason why you're being pulled over in the city of Lake Worth today we're doing an operation for distracted driver and you drove past me holding a phone with your right hand manipulating that phone. I mean I saw you with the phone in your hand.
>> So, you want to just call this a day or >> want to call it a day. You had a hand up manipulating the phone.
>> my right hand.
>> Well, I thought I saw you with your right hand. You had a hand up.
>> The right hand I saw you >> You didn't.
>> With the right hand perhaps not, right?
But >> didn't You didn't see me with my right hand.
>> you So, are you saying >> that you saw me with your right hand?
>> I just said. I know what I just said.
I'm asking you now, did you did you not have your phone on your on your hand?
>> I did not.
>> You did not have your phone on your hand.
>> not.
>> Hand to God you did not have your phone on your hand.
>> Hand to God.
>> You have your hand to God you did not have your phone on your hand.
>> Hand to God.
>> Cool. You have your driver's license, registration, and insurance with you?
>> All right, I'll take them from >> He told that his friend in an Uber and feel like their driver was intoxicated.
You can't tell me this isn't already a problem.
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>> All right, ma'am. So, you're going to receive a citation for wireless communication device handheld while driving. You can't We got to put the phone down as we you a motor vehicle.
>> Okay, and you put on there that you saw me with my right hand holding it. Yeah.
>> not put that. No, if you want to take it to court >> what you said when you pulled me over.
Yes, yes.
>> what I said. Yes.
I'm not disagreeing with you. Yes, that's what I said. Yes. Yes, if you want to take it to court and that's what you saw.
That's what I said. I said yes.
Okay. If you want to take it to court, option five on the back of the ticket, that's how you take that ticket to court. Do you have any questions for me?
>> No. Thank you.
>> Have a good day.
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