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  1. #1
    creolecop's Avatar
    creolecop is offline Really? and I'm suppose to believe that??
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    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.

    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.
    Our Louisiana law that we write when you flash your brights.
    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.

  2. #2
    Five-0's Avatar
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    I agree with the ruling. If flashing lights gets people to slow down to the limit so be it. Then again I used to post on this website: Speed Trap & Road Hazard Sharing System both where I was running radar and about every mile or three down the road I'm actually on. I appreciate people doing this when I'm out on an accident scene too. The problem is taking something like this personally and writing a chicken shit ticket. This is not a battle worth fighting IMHO.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

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  3. #3
    Pudge's Avatar
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    I'm not much of a citation guy, but will stop cars left and right.

    I'm with Five-0, the end goal is to get the motoring public to operate safely. If my presence or a warning of my presence has done this, then I'm doing my job. I'm not a stats or revenue generator.

    Here, the stop for the flashing lights would be failure to dim. I've had more of these stops result in OVI's than anything else, but they weren't due to warning about another Officer. I've had lights briefly flashed at me before to warn of a cruiser, but in my experience it was so brief that I couldn't justify a safety concern.
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  4. #4
    creolecop's Avatar
    creolecop is offline Really? and I'm suppose to believe that??
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    let me say I could give two shits about traffic. My radar hardly gets used as I have other more pressing issues I focus on. I was curious that if a judge threw the case out then what exactly did the officer cite as in what was the traffic code he used to justify the cite. Surely a judge wouldn't throw something out that is a common law just because he didn't personally agree with it. So I was basically asking what he would have cited for....actually flashing to warn others, or a roundabout violation such as. When you do that you are breaking a written law of using high beams within a certain zone of on coming traffic such as the louisiana law I cited. I was more curious about your laws and the judges ruling then catching people flashing other motorist. I haven't sat and ran radar in about 3yrs I could care less about that. Just wondering about activist judges and observing how some try hard to handcuff officers after reading an article. Because IMO clearly flashing bright lights in peoples eyes as they operate 2 ton machines at speeds up to 70mph can't logically be considered free speech.

  5. #5
    Jks9199 is offline The Reason People Hate Cops & Causer of War
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    I'm kind of on the same page as Pudge & FiveOh. I don't usually care... especially if it encourages them to slow down/otherwise comply.
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  6. #6
    Five-0's Avatar
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    Creole,

    I gotcha now. The thing is I can tell the difference between someone flashing high beams and someone turning their lights on and off. When they do that it is usually their low beams if they do like me and always turn their high beams off when they turn their headlights off. In my opinion it goes beyond that though. This is spirit of the law vs letter of the law (if it applies in your JD). The failure to dim lights is for someone that is being a distinct nuisance/hazard on the road. That is how I read AL law (32-5-242). Section 32-5-242

    If either high or low beams are on during the day, neither blind me or anyone else capable of driving. If done at night for the purposes discussed, it is neither a nuisance or hazard. It is a signal that is commonly recognized to mean you need to slow down or take caution ahead.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  7. #7
    Broke Hoss's Avatar
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    I'm with the others on this, that I have other things to worry about than someone flashing their lights at someone else to let them know I'm parked on the side of the road. Whether I'm really running radar or eating my PBJ's. But it appears that others took it more seriously & tried to charge it under an arrestable Penal Code offense. So they had to come back & write more law; for those not able to use common sense.

    38.15. INTERFERENCE WITH PUBLIC DUTIES. (a) A person
    commits an offense if the person with criminal negligence
    interrupts, disrupts, impedes, or otherwise interferes with:
    (1) a peace officer while the peace officer is
    performing a duty or exercising authority imposed or granted by
    law;

    (c) It is a defense to prosecution under Subsection (a)(1)
    that the conduct engaged in by the defendant was intended to warn a
    person operating a motor vehicle of the presence of a peace officer
    who was enforcing Subtitle C, Title 7, Transportation Code.
    Blessed are the the peacemakers: for they shall be called the children of God. MATT 5:10

 

 

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