Class Action Suit says Florida Highway Patrol Illegally Tickets Motorists Who Warn...

[Feuer Frei!]

...others.

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.

SOURCE

[Rockstar]

There was a similar case many years ago in another state. That case was dismissed, freedom of speech.

[AVGWarhawk]

Many flash their headlights as a form of communication. Not just for speed traps ahead for oncoming motorists but acknowledging another motorist in general. Sometimes to allow passage at an intersection before yourself. Sometimes just danger ahead. The flashing of the lights makes oncoming motorist alert to anything. Sometimes a flash just to tell the oncoming driver their high beams are on and blinding the crap out of oncoming traffic to him.

That case was dismissed, freedom of speech.

How does Motor vehicle legislation become covered by freedom of speech?

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."

Flashing lights are covered, the means of communication are in the form of a warning and permitted warning lights are fully covered in that statute.

@AVG.....

Many flash their headlights as a form of communication.

Many drive above the speed limit and turn without signaling, it doesn't mean those actions are not illegal under trafic laws.

Sometimes a flash just to tell the oncoming driver their high beams are on

That could also be illegal under other provisions, the flash switch is normally on high beam, it is illegal to use high beam with oncoming traffic.

[AVGWarhawk]

Many drive above the speed limit and turn without signaling, it doesn't mean those actions are not illegal under trafic laws.

Speed limit signs are posted. No mystery here. Non-flashing of headlights signs are not posted and officer's can interpret what they like concerning the law on flashing of lights. Turn signals are to be used when turns are being conducted. I believe a law is on the books for using turn signals when making a right or left turn. If the signal is not used it is unsafe lane change or turn without use of signal. There are hand signals for indicating a turn is forthcoming. These signals to be used if the mechanical signal on the vehicle is inoperable or vehicle is not equipped with signals.

That could also be illegal under other provisions, the flash switch is normally on high beam, it is illegal to use high beam with oncoming traffic.

The flash switch is in the position the driver puts the switch in. Common sense would indicate high beams will blind oncoming drivers. Then again, we are talking common sense which many do not possess.

[Growler]

I flicker my lights as an indicator to truckers that the lane I'm in is clear for them to move into. I've done this for years, and it makes things easier for the guys in the cabs of the big rigs to know when a lane change is safe.

[mookiemookie]

I always flashed my lights at oncoming cars to warn them of speed traps. Of course I would have never done it in sight of a cop.

[kraznyi_oktjabr]

Originally Posted by mookiemookie

I always flashed my lights at oncoming cars to warn them of speed traps. Of course I would have never done it in sight of a cop.

Why are you warning them?

[Bubblehead1980]

Yet another LEO overreaching.This Trooper obviously feels citizens should just fall in line and not show other citizens courtesy of a heads up but his wrong because the law is not on his side.Of course he is a cop so he does not care if it is or not, he has a badge and a gun! lol

I am a native Floridian, FHP is a useless entity that if disbanded could save the state millions of dollars.Usually a bunch of dorks and former fat kids who get a badge and are way, way too serious about traffic laws once on the road.Having said that, encountered one who was nice last September.I was heading back to school in Louisiana on I-10 when I sped up to clear some slow moving traffic, he happened to clock me and could have arrested me since I was 30 over posted limited, although it was not my sustained speed.The Trooper instead wrote me a citation for much lower speed and told me to be careful.I was shocked since they are usually jerks, I called my father and told him I would most likely be in jail soon lol. Suppose you get bad ones and good ones like in any line of work.However, should disband FHP to save money.

[Bubblehead1980]

Originally Posted by kraznyi_oktjabr

Why are you warning them?

So they can slow down and the super troopers can't write them a citation, thus preventing them being financially raped by the state via some outrageous fine.

[nikimcbee]

That's why I own a radar detector. In ore-gone, I'm convinced the police aren't here to "protectect and serve" but generate money for the local towns.

[kraznyi_oktjabr]

Originally Posted by Bubblehead1980

So they can slow down and the super troopers can't write them a citation, thus preventing them being financially raped by the state via some outrageous fine.

Originally Posted by nikimcbee

That's why I own a radar detector. In ore-gone, I'm convinced the police aren't here to "protectect and serve" but generate money for the local towns.

Looks like I have misunderstood purpose of American law enforcement...

BTW - How long time it takes to become police officer in local/state level? How many years training takes?

Just out of curiosity how many people who support warning people who may be engaging in illegal activities of police presence extend that warning to people engaged in other illegal activities?

[August]

Is the purpose to get people to slow down or to generate government revenue. If it's the former then flashing ones lights accomplishes that objective.

[AVGWarhawk]

Originally Posted by Tribesman

Just out of curiosity how many people who support warning people who may be engaging in illegal activities of police presence extend that warning to people engaged in other illegal activities?

We are not aiding and abetting felony criminal activity by flashing high beams for a speed trap.