**UPDATED** A civil liberties attorney has agree to represent me and the 2400+ motorists who received tickets under FS 316.2397.7. This class action suit was filed on 6/29/10. My case (and three others) was dismissed prior to trial due based on the 6-page motion to dismiss filed by the attorney. If you or anyone you know has received a ticket for flashing headlights (on/off or high/low beams) please contact me, as I will be the class representative ***************** Cop accuses me of flashing my high-beams, and issues a citation despite my claim that I hadn’t used them. This will go to court. He was clearly upset and felt I was warning other motorists of his speed trap. He would not give me a chance to explain that I turned my lights on and off – or why. ***ADDED 12/10/09*** The citation referenced “IMPROPER FLASHING OF HIGH-BEAMS”, and the statute cited FL Statute 316.2397.7. That statue reads: (7) Flashing lights are prohibited on vehicles except as a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is lawfully stopped or disabled upon the highway or except that the lamps authorized in subsections (1), (2), (3), (4), and (9) and s. 316.235(5) are permitted to flash. law.onecle.com This section calls out flashing devices, like turn signals, strobe lights and such. Further, statute 316.2385 states: Requirements for use of lower beam.–The lower or passing beam shall be used at all times during the twilight hours in the morning and …
{ 23 comments… read them below or add one }
@SRMeadows
Pasco County. Send me details on your stop if you can. I’d like to get it to the attorney who is working the suit. I suspect he an use it to prove intimidation tactics.
@erkme73
What city/county was this in FL? I live in Broward, and I was cited or “obstruction of justice” ………….for doing the exact same thing.
Needless to say, it was thrown out of court. There’s not too many things more fun, than handing a cops ass to him in front of a crowded court room, LOL
Class action lawsuit filed with the Clerk’s Office on 6/28. This will be to recover the fees paid by over 2400 motorists who were cited for the same infraction. If you or anyone you know has received a ticket in FL for warning others by flashing your lights, please contact me!
I’m sure your uncle would love that.
ColoDak 4 min prior will not prove shit, yes the video is edited but as he sates its when the cop goes back to the car. No major edits that would change anything. Someone has a hardon for cops, my uncle is a cop is you want me to introduce him to you. *wink wink*
Oh and one other thing, why did you edit your video so much. For your “excuse” to hold water, I want to see the 4 minutes of video prior to you passing the cop. Otherwise I’m not buyig your excuse.
you were cited based on interference with a police officer, this is common in many states for them to cite you for this. good luck fighting it using your excuses.
MF – thanks for the post – and your links at the other forums. I intend on citing the OH appeals court decision. Wrong state, but it does help to define the logic of the statute.
According to the Ohio Court of Appeals (Kirtland Hills v. Garcia, 96 Ohio App.3d 99 (1994)) and people who speak English, laws prohibiting “flashing lights” simply prevent the noun “flashing lights” on a car and do not prohibit the verb of a driver flashing a vehicle’s headlights/high beams. This is just another example of a cop who does not know the law.
what is the RIGHT statute? There isn’t one. Besides, even if there were, an officer who makes mistakes on citations proves himself to be an impeachable witness – incompetent.
you people need to learn the law. EVEN if the police officer writes the wrong statute number on the ticket the clerk at clerk of the courts can put in the correct statute number thanks have a good day.
Taser – the problem is the law that was stated on the citation refers to flashing lights as a TYPE of light, not the action of flashing your lights. The trooper was dad wrong on this one.
the stop was longer than the video. i deleted non-spoken parts. the edited parts used a fade transition to make it obvious it was cut short.
1:25 The white car in the right hand lane just disappears. wtf o_O
The state trooper handled you like a pro. He counted you turning your lights on and off 5 times. It doesn’t matter if you were turning them on and off to check some problem you claim to have. Its Flashing. If you had a problem you could have pulled over and serviced it. A light turning off and on regardless of high beams or not is flashing. If he wanted he could have wrote you for a safety equipment ticket also since you admitted to have a problem with a headlight.
The cop is screwed. He’ll look foolish when the video is presented in court, provided that it’s allowed as evidence. Couldn’t be more clear that the lights were turned on and off, as opposed to high beams being flashed. Police officers need to be more meticulous when issuing citations. This officer is going to waste a day in court losing a case that he blew all by himself.
Warning other motorists of his speed trap was not illegal yet he claims that you were doing this. Why is that at all relevant to the citation? Simple answer: it isn’t, by his tone you can clearly hear the frustration in his voice. If you had flashed your high beams then I see the reason for the citation but since you clearly did not do this, the citation was improperly issued. The statute is clear if the judge isn’t a moron it should be pretty easy to see you are in the right as far as the law.
I was lying? Where? The bulb in my driver’s side light wasn’t in all the way – causing a flicker/wobble in the light field. I was turning the lights on/off to verify it was coming from my lights. I would have explained that, had the officer not cut me off or walked away.
Documenting yourself lying about flashing your lights kinda makes it look bad on you as well….
Why? Is 5 a magic number because he said so? There is no basis for the number of times they’re turned on and off. Statutes do not define ‘flashing’. He was making this stuff up as he was going.
I see you turning them on and off 5 times? Looks like the cop made the right call to me.
I hope you stick it to that worthless cunt pig. What a sack of shit.
Not sure of the law, but from his argument of you using the high beams, and you having video proof that you were turning them on/off, it will be an easy day at court.