Stupid Florida Judge and his decision about flashing brights
I'm curious about a ruling I read about in Florida. It's about a guy who won a case where he was cited for flashing his brights to warn other motorist of a LE officer working speed enforcement ahead. The judge said it was free speech Whatever clearly thats non-sense because free speech is forbidden from causing any safety hazards to people which clearly flashing brights at people can. So I'm sure the judge's ruling would be thrown out on a state appeal. The SCOTUS has said free speech cannot cause a safety hazard to others around which clearly flashing your brights in peoples eyes CAN and HAVE been the cause for seroius accidents before.That said what were officers writing when they saw someone flashing?
Here in Louisiana we might say it's illegal to flash brights to warn motorist of a sitting cop, but we don't actually write that as there is no statute for that. What we write you for is utilizing your brights within 500ft of oncoming motorist or 200 ft to the rear of another. If you are flashing your brights to warn other motorist then there must be another motorist on the road which will 99.9% of the time put you in the violation range. My question is do you guys not have similar laws on the books to use to curb what this loon of a judge has dished out. Below is our law and also the article I'm referring to. We even have laws against just driving around in traffic with fog lights on unless there is inclement weather ie....raining or foggy.
Our Louisiana law that we write when you flash your brights.
Florida judge rules flashing lights for speed trap warning is covered under free speech
By Jeff SabatiniRSS feed
Posted May 23rd 2012 5:29PM
Count this one as a big victory for motorists. A Florida man has won his First Amendment case against the Seminole County Sheriff's Office, who wrongfully ticketed him for flashing his lights to warn other drivers of a speed trap. According to the Orlando Sentinel, a Circuit Court judge not only said that the deputy who ticketed Ryan Kintner had misapplied a state law banning aftermarket flashing emergency lights, but also ruled that flashing your lights to communicate with other drivers qualifies as constitutionally protected speech.
But this victory for Kintner is just a stepping stone towards a larger case. According to the report, his attorney has filed a class action lawsuit that charges the Florida Highway Patrol with willfully violating a 2005 court order prohibiting the police from ticketing motorists for flashing their brights. The report says that case has a hearing scheduled for next month, so this is certainly not the last we'll hear on the issue.
2009 Louisiana Laws TITLE 32 Motor vehicles and traffic regulation :: RS 32:322 Use of multiple beam road lighting equipment
View Current Version (2011)
§322. Use of multiple beam road lighting equipment
A. Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in R.S. 32:301, the driver shall use a distribution of light or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at safe distance in advance of the vehicle subject to the following requirements and limitations.
B. Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in R.S. 32:321, shall be dimmed to avoid glare at all times, regardless of road contour and loading.
C. Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtaking or passing, such driver shall use a distribution of light permissible under this Chapter other than the uppermost distribution of light specified in R.S. 32:321(1).
D. Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred feet or follows another vehicle two hundred feet to the rear, such driver shall not use any fog lamps or other auxiliary driving or passing lamps, except during periods of inclement weather or fog.