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.

[gimpy117]

Originally Posted by 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.

right. whenever I see deer near or on the road, out comes the flashing.

[Stealhead]

I would imagine that the FL flashing lights thing is supposed to apply when the person is obviously trying to warn of some police vehicle being up the road not for other reasons of course the cop them selves could easily say you flashed for the illegal reason.One reason I dont bother with flashing I am a firm believer in avoiding contact with LE if at all possible so I am not going to do anything that is going to gather their attention it is their word against yours then.

Not all LE are bad or jerks about the laws but some are and you do not know what type you are about to deal with.My brother in law is a deputy and even he agrees that is wise to avoid getting LE attention unless you need them because you dont know the attitude of the person.

I got pulled over once for speeding and I thought for sure it was going to be a lousy day because the guy just looked very hard core and he even asked for everyone in my cars IDs which made me really nervous he was going to ask to search my car(I did not have anything to hide but still and I would have refused as well) and he was away for 3 or 4 minutes Finally he walked back up and gave all the IDs back and just let me go he said I was going 70 but I know for sure that I was going at least 85.I wish more would be respectable like that and give you a chance to not drive as fast in stead of just nailing you I mean that costs most people a pretty good chunk of change.

Florida for many years had a very unfair law towards a person making a left turn left turn getting rear ended basically it was the person making the turns fault no matter what it did not bother to take into account if the other driver was speeding or not paying attention or anything.I had a friend that got nailed making a left turn by some jerk that was 4 or 5 cars behind him and the guy passed all the cars and hit my friend even though that was clearly careless driving my friend still got the blame.Now this law they changed so that they do not automatically fault the left turn maker.

Maybe they will determine that the light flashing law is unfair and I honestly doubt that it has any real effect on the number of tickets they give out while at a location.By the way all LE do in theory have quotas you see my friends wife manages the airport police at Sanford International Airport and she was telling us about all the government grants available each year to LE departments most of them are well over $100k per year more than enough to pay a few salaries.One of these grants looks at the number of traffic tickets given during the summer months(not much use to an airport pd) but of much use to most LE departments basically the more they hand out the more money they can get from the grant.So when cities say they cant hire more cops they must be lying because there are numerous grants out there that can be used to hire new cops and get new equipment.

[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.

[Growler]

Originally Posted by 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.

Eqq zachary.

Deterrence works in more ways than the obvious immediate ones.

Example: Posting the location of a speed trap on the internet. Whether the LEO is there or not, the people who know about it are going to slow down in that area, just in case.

[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.