Citation issued for "flashing" lights to warn of speed trap

[mightymoose]

Absolutely. Your recording is legit. Just make sure you contact the court in advance to make sure you follow appropriate rules in order to use your evidence in court.

 

[erkme73]

Popeye found a very interesting case in Florida that was identical to both our experiences... LEO stop based on flashing headlights with officer convinced the stop was to warn other drivers. The judge in the case dismissed the charges based on the statute not being applicable to headlights (flashing brights or turning on/off).

So, couple of questions:

1. Given the results of that case, is it safe/fair to assume citing it in our defenses the magistrate/hearing officer will have to rule due to precedence?
2. Does one FL County have to respect the ruling from another County?
3. How should the previous case be brought to the court's attention? Something brought up during trial, or is there a separate way to introduce it - so the court can validate the docket number?

Thx...

 

[jharris352]

If it is simply another trial case in Fl it is not a precedent. Just make your argument about the statute and let the trial court come to it's own conclusion.

 

[mightymoose]

If you think the case is identical and will help your argument then it wouldn't hurt to throw the name of the case out there. If the judge is interested and really wants to take that much time over this, then he will look it up and see.
I don't think your case is going to last that long though. I suspect it will be dismissed rather quickly without you having to do much arguing at all.... if you are prepared.

 

[erkme73]

Just an update...

The attorney that defended the 2005 case agreed to represent me and Popeye - and successfully had both cases dismissed before trial with Motions to Dismiss.

The next step is to right the wrongs of 2400+ citations issued since the 18th Judicial Circuit court ordered FL316.2397.7 as not applicable to flashing of headlights. This week a complaint (suit) was filed against Florida's AG.

Thanks to all for your help with this. Should anyone who has ever received a ticket for flashing headlights come across this thread, please contact me.

Thanks!

 

[airportparking]

Thank you very much ........

 

[erkme73]

Sorry to bring up such an old post, but since there were a few "I got one of those tickets too" posts here, I thought this might be of interest to the whole group...

I'd suggest anyone with such a ticket contact the attorney firm that's representing that driver.

http://www.wtsp.com/news/article/20...s-motorists-who-warn-others-about-speed-traps

Tampa, Florida -- When the Florida Highway Patrol pulls someone over on the highway, it's usually because they were speeding.

But Eric Campbell was pulled over and ticketed while he was driving the speed limit.

Campbell says, "I was coming up the Veterans Expressway and I notice two Florida Highway Patrol Cars sitting on the side of the road in the median, with lights off."

Campbell says he did what he always does: flashed his lights on and off to warn drivers coming from the other direction that there was speed trap ahead.

According to Campbell, 60 seconds after passing the trooper, "They were on my tail and they pulled me over."

Campbell says the FHP trooper wrote him a ticket for improper flashing of high beams. Campbell says the trooper told him what he had done was illegal.

But later Campbell learned that is not the case. He filed a class action suit which says "Florida Statue 316.2397" -- under which Campbell was cited -- "does not prohibit the flashing of headlights as a means of communications, nor does it in any way reference flashing headlights or the use of high beams."

However, the FHP trooper who wrote the ticket either didn't know or didn't care. "You could tell in his voice he was upset," Campbell says. "He was professional, he wasn't rude... but you could tell he was irritated."

However, the lawsuit says the FHP is well aware they are wrongfully applying the state law and they are doing it as a means of generating revenue. In 2005, a court order was even issued saying the state law doesn't prohibit the flashing of vehicle headlights.

Campbell isn't the only one. Since 2005, FHP records show more than 10,429 drivers have been cited under the statute.

In addition to seeking the refund of the $100 ticket, the lawsuit seeks damages in excess of $15,000.

What's that costing you?

If each person illegally cited was awarded $15,000 that would be $156,435,000 in damages if the suit is successful. Then you would throw in at least another $1,042,900 in ticket refunds, all because it appears troopers don't like motorists warning others about speed traps.

Campbell says he felt as if the trooper thought it was a personal affront. According to Campbell, the trooper did not like the fact somebody was ratting him out.

The Florida Highway Patrol says it can't comment because of the pending lawsuit.

Campbell says FHP had no right to ticket him or anyone under the current law and he adds the agency is not being honest when it says it doesn't write tickets to increase revenue or punish people, but rather to get the motorist to slow down on the highway. If that were true, Campbell says the FHP should be delighted with him, because drivers did slow down before troopers could give them a ticket.

The suit evolved out the fact that Campbell says "I don't like what the government is dong especially now when most people have a hard time affording gas and now they have to defend themselves against a made up charge that doesn't exist."

The state will have to come up with the money for damages if the suit is successful, and guess where the money is coming from: your taxes.