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Florda Judge rules flashing headlights to warn other drivers of speed traps is a form of "protected free speech."

 
Chrit

User ID: 15366081
United States
05/29/2012 01:31 PM

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Florda Judge rules flashing headlights to warn other drivers of speed traps is a form of "protected free speech."
To sum it up; If the goal of running radar is to protect the people and not raise revenue then why wouldn’t the police want people to slow down no matter why or how they do it?


Obviously it’s a revenue issue for the police or they wouldn’t have tried to stop people from warning others of speed traps. It is illegal for the police to admit to enforcing a law for revenue issues! So they could admit nothing once it went in to court.




Article: Kintner contested the ticket and sued the Seminole County Sheriff's Office for violating his civil rights, reported the Sentinel.

The circuit judge hearing the case ruled last October that using headlights for communication didn't fall under the state law.

After a second hearing, the judge took his ruling a step further Tuesday, saying Kintner was protected by his constitutional right to free speech under the First Amendment.

County police agreed to stop issuing tickets for flashing headlights last September, a month after Kintner filed the suit.


[link to www.nydailynews.com]

divide8

Last Edited by Chrit on 05/29/2012 01:32 PM
I'm only human, it's my biggest flaw.

We must all realize a sink a chair and a pillow are all luxuries of home and a soldiers helmet takes the place of all three.
Chrit (OP)

User ID: 15366081
United States
05/29/2012 01:48 PM

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Re: Florda Judge rules flashing headlights to warn other drivers of speed traps is a form of "protected free speech."
Here is the law itself, very vague.


[link to law.onecle.com]

(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.
I'm only human, it's my biggest flaw.

We must all realize a sink a chair and a pillow are all luxuries of home and a soldiers helmet takes the place of all three.
Chrit (OP)

User ID: 15366081
United States
05/29/2012 01:49 PM

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Re: Florda Judge rules flashing headlights to warn other drivers of speed traps is a form of "protected free speech."
The wiki is even updated.

In Florida, headlight flashing is protected free speech pursuant to the First Amendment. [23] Additionally, on January 1, 2013, §316.239(7), Fla. Stat. will be amended to legalize headlight flashing.[24] [25]. In 2005 and 2011, judges in County Court held that flashing a vehicle's headlights is not a violation of §316.239(7), Fla. Stat. [26][23]

[link to en.wikipedia.org]
I'm only human, it's my biggest flaw.

We must all realize a sink a chair and a pillow are all luxuries of home and a soldiers helmet takes the place of all three.
Lyttlmiss

User ID: 16463130
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05/29/2012 01:54 PM
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Re: Florda Judge rules flashing headlights to warn other drivers of speed traps is a form of "protected free speech."
That makes me happy... Since I have been a headlight flasher for a long time :)
ISLANDIA

User ID: 1483387
United States
05/29/2012 01:57 PM

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Re: Florda Judge rules flashing headlights to warn other drivers of speed traps is a form of "protected free speech."
I was busted about a year ago.

Since the violation was not considered a moving violation
I could not appeal the infraction... It was considered a misdemenor of sorts Illegal use of Lights.

$214.00 Martin County Fl.
Anonymous Coward
User ID: 2715923
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05/29/2012 02:05 PM
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Re: Florda Judge rules flashing headlights to warn other drivers of speed traps is a form of "protected free speech."
I was busted about a year ago.

Since the violation was not considered a moving violation
I could not appeal the infraction... It was considered a misdemenor of sorts Illegal use of Lights.

$214.00 Martin County Fl.
 Quoting: ISLANDIA



$214.00 ???? HOLY SHIT!!
Chrit (OP)

User ID: 15366081
United States
05/29/2012 05:15 PM

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Re: Florda Judge rules flashing headlights to warn other drivers of speed traps is a form of "protected free speech."
I was busted about a year ago.

Since the violation was not considered a moving violation
I could not appeal the infraction... It was considered a misdemenor of sorts Illegal use of Lights.

$214.00 Martin County Fl.
 Quoting: ISLANDIA


That is exactly the issue; they were getting mad at people for slowing traffic and were openly ticketing people for warning other drivers. It was suddenly not about safety of the public but about money generated from tickets.

I have a feeling this might spread to many more states, Florida is a central point for many law changes.
I'm only human, it's my biggest flaw.

We must all realize a sink a chair and a pillow are all luxuries of home and a soldiers helmet takes the place of all three.
Chrit (OP)

User ID: 15366081
United States
05/30/2012 12:37 AM

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Re: Florda Judge rules flashing headlights to warn other drivers of speed traps is a form of "protected free speech."
priuscow
I'm only human, it's my biggest flaw.

We must all realize a sink a chair and a pillow are all luxuries of home and a soldiers helmet takes the place of all three.
Anonymous Coward
User ID: 13363335
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05/30/2012 12:43 AM
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Re: Florda Judge rules flashing headlights to warn other drivers of speed traps is a form of "protected free speech."
Flashing headlights is a sure sign of a gang initiation and or activity and should be punishable as such. skull_fing
CrazyMiranda

User ID: 15075010
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05/30/2012 01:02 AM
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Re: Florda Judge rules flashing headlights to warn other drivers of speed traps is a form of "protected free speech."
Flashing headlights is a sure sign of a gang initiation and or activity and should be punishable as such. skull_fing
 Quoting: Anonymous Coward 13363335


When I moved to south Florida in '93, I was told by friend to never, ever flash my lights at any car w/o lights as it was a gang initiation and I could be shot by that car's occupants. It was even on the news in Palm Beach county.
Anonymous Coward
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05/30/2012 01:03 AM
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Re: Florda Judge rules flashing headlights to warn other drivers of speed traps is a form of "protected free speech."
Good. Speed traps shouldn't be about making money. They should be about making people slow down. The mere presence of police make people double check their speed, and if someone flashing their headlights to warn of a speed trap makes that other driver slow down, then the result of the speed trap is the same. They slowed down.

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