Florida cops ticket drivers a lot for doing that, reports Radley Balko, the problem being that flashing-to-warn doesn’t seem to be against the state’s law.
Florida cops ticket drivers a lot for doing that, reports Radley Balko, the problem being that flashing-to-warn doesn’t seem to be against the state’s law.
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Way back when, a friend of mine was ticketed for doing that in NJ. The charge was “improper use of lights,” with no section of the Vehicle and Traffic Code written. Since he lived over 100 miles form the court, he decided to just plead “guilty” by mail and pay the fine. He received a letter back that the charge required a personal appearance in court. When he appeared, and tried to plead guilty just to get out of there, the judge informed him that what he did was not illegal and dismissed the ticket.
Also probably protected by the First Amendment.
And surely if flashing your lights gets people to slow down, it is serving the same purpose as the speed traps.
Surely you jest! As everyone is well aware, the purpose of a speed trap is revenue.
“…….it is serving the same purpose as the speed traps.”
True, if the primary purpose of the speed traps is to get people to slow down. However, if the main purpose of the traps is to generate revenues then I can see where the police might be a little irritated because their cash-cow gives less milk.
So, encouraging people to stop committing an infraction is an infraction? Bizarre.
We can only hope that this cashcow turns into a meek bull.
Jason, that’s my impression of what the police are thinking – motorists are lucky not to be charged with obstruction.
Way back when I was a state prosecutor, I had some folks from the state bureau of alcohol ask me for an opinion about an arrest they were about to make. They had been doing a sting operation where they were busting convenience store clerks for selling alcohol to minors. They’d send in an agent, under 21, to buy beer and if they sold beer to the agent, the clerk and the business got cited.
Anyhoo, one clerk saw what was going on and made a phone call to one of his buddies at another store, warning him to make sure to card everyone who came into the shop that day. The alcohol police wanted to arrest him with obstruction of justice, arguing that he was interfering with their duties.
I responded deadpan: “Let me get this straight: you want to arrest a guy for telling someone else not to break the law?”
I know, cool story, bro.
The statute under which the tickets are being written is Florida Statute 316.2397 which reads:
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.
The surrounding text and section seems to deal more with prohibiting flashing lights that are used on emergency vehicles or used as a warning (tow trucks, barriers, etc.)
Since the original case in 2005 decided by a county judge who said the statute did not apply, there have been 10,429 people statewide that have been cited for this “offense.”
If the suit is successful, and all those who were ticketed sign up, the numbers are staggering:
I believe that would work out to roughly $1,053,329 for the members of the class, and $156,424,571 for the lawyers.
Silly Git, I know you know better!
The lawyers will agree to split $150,000,000 and the class members are to get certificates of apology from the state. Ted Frank will have to get involved, the lawyers will then split $100,000,000 and the class members will still only get certificates of apology, but now with gilt edges making them suitable for framing.
Is there an emoticon for tongue in cheek?
Maybe the cops are just trying to save innocent citizens from being hunted down and killed by ‘Bloods’ gang pledges.
http://www.snopes.com/crime/gangs/lightsout.asp
Bumper,
Sadly, no. I’ve looked.
“the main purpose of the traps is to generate revenues ”
consider it a sin tax.