I tried to fight a wrongful ticket and the Court Clerk said that even if i won, i would have to pay court costs that were over $400, way more than the ticket, so that I should just go ahead and admit to the ticket and pay it. What choice do I have? I had to pay it. This is entirely wrong.

Jeff

This made national news when the suit was originally filed. I just found it incredibly interesting how in 2005 a Seminole County judge ruled that LEO cannot use this particular statute (316.2397) to cite motorists. Yet, despite that, over 2400 tickets were issued since then. And what’s even worse, the city (Oviedo, FL) that originally issued the 2005 ticket, continued to write tickets.

After suing the state of Florida on the grounds that the stop was illegal, the FHP issued a permanent policy change forbidding the practice of ticketing motorists who warn others using their headlights. Last month, the FL legislature codified it by amending the statute used to cite me. The change makes it expressly PERMITTED to flash (low/high/low beams, or on/off) head lights to communicate with other motorists. The irony is, it was never illegal to communicate like this in the first place. How sad is it that the legislators have to pass a law to tell the police to obey the law?

Right is right – and all those trying to make excuses as to why the “right” of the police to enforce “justice” is more important than upholding our constitutional right to speak freely (even if the content isn’t what the po-po wants to hear) need to come to terms with that.

I now make it a point to start flashing my headlights well BEFORE I pass the radar patrol so they see me coming and going.

Incidentally, another similar case tried last month in Seminole County had a judge take the unusual step of referencing the unconstitutionality of these stops as he dismissed the case against Ryan Kitner. That didn’t stop an Oviedo Lieutenant spokesman from saying, on TV no less, that they don’t care what the judge says, because as they read the law, they will continue to ticket motorists who flash their lights. Such a blatant disrespect of the legal system by those charged to enforce it is precisely why I sued.

From this news report (http://www.wtsp.com/news/article/211886/8/A-class-action-suit-hasnt-stopped-some-police-agencies-from-ticketing-drivers-who-flash-their-lights):

[quote]
And while the Florida Highway Patrol has suspended the practice, because of the lawsuit or because it might not feel as if it is on firm ground, that’s not true in every police agency. For example, in Oviedo in Seminole county where one of the first flashing light tickets was thrown out of court police officers are still allowed to write tickets for people who flash their lights.

Oviedo Police Lt. Beavers says, “We enforce the state statue which clearly says those lights are clearly prohibited.”

Beavers says, “Officers who observe people with flashing lights, other than what was stated in the statute, pull motorists over and through their discretion they either educate the motorist about the violation or they issue a citation.”

However, Jones [my attorney] says it is the Oviedo department and others that write tickets who need to go back to school and get some basic education on the difference between a verb and a noun.[/quote]

By the way, that same spokesman said this about warning others:

[quote
Oviedo Police Lt. Mike Beavers said that's not the case and that police departments are not inhibiting free speech.

"If people want to stand on the side of the road with a sign that the police are running radar ahead, they have every right to do so." [/quote]

Isn’t it funny (sad) that the police can twist things so much? Here you have one agency saying the flashing was illegal, but having a sign on the side of the road like the arrested woman in Houston had (http://autos.aol.com/article/woman-arrested-for-warning-drivers-of-speed-trap-with-makeshift/?icid=maing-grid7%7Cmain5%7Cdl6%7Csec1_lnk2%26pLid%3D174668), is everyones’ right to do so. A box of donuts says if I’d tried that in Oviedo (before the whole flashing lights fiasco), the story’d change… No doubt the spokesman would then say, “We’re not inhibiting free speech. If people want to flash their headlights to warn that police are running radar a head, they have every right to do so…” It’s a nasty business, law enforcement. piiss off a cop, and they will find a way to get even. Plain and simple. Nice to see the practice exposed in the public, though.

And finally, a nice little summary… http://tallahasseeo.com/2012/03/10/express-first-amendment-rights-legislature-passes-bill-to-make-flashing-headlights-legal/

Finally, a bit of shameless plug. If you, or anyone you know of has received a ticket in the last year for flashing their lights to warn others (in FL), please email me. eric.fhp (at) tab-md [dot] com.