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Suit says Florida Highway Patrol illegally tickets motorists who warn others about speed traps
wtsp.com ^ | 8-26-11 | Mike Deeson

Posted on 08/26/2011 9:57:59 AM PDT by rawhide

Tampa, Florida -- When the Florida Highway Patrol pulls someone over on the highway, it's usually because they were speeding.

But Eric Campbell was pulled over and ticketed while he was driving the speed limit.

Campbell says, "I was coming up the Veterans Expressway and I notice two Florida Highway Patrol Cars sitting on the side of the road in the median, with lights off."

Campbell says he did what he always does: flashed his lights on and off to warn drivers coming from the other direction that there was speed trap ahead.

According to Campbell, 60 seconds after passing the trooper, "They were on my tail and they pulled me over."

Campbell says the FHP trooper wrote him a ticket for improper flashing of high beams. Campbell says the trooper told him what he had done was illegal.

But later Campbell learned that is not the case. He filed a class action suit which says "Florida Statue 316.2397" -- under which Campbell was cited -- "does not prohibit the flashing of headlights as a means of communications, nor does it in any way reference flashing headlights or the use of high beams."

However, the FHP trooper who wrote the ticket either didn't know or didn't care. "You could tell in his voice he was upset," Campbell says. "He was professional, he wasn't rude... but you could tell he was irritated."

In 2005, a court order was even issued saying the state law doesn't prohibit the flashing of vehicle headlights.

Campbell isn't the only one. Since 2005, FHP records show more than 10,429 drivers have been cited under the statute.

In addition to seeking the refund of the $100 ticket, the lawsuit seeks damages in excess of $15,000.

(Excerpt) Read more at wtsp.com ...


TOPICS: Crime/Corruption; Government; US: Florida
KEYWORDS: donutwatch; flashing; lights; police
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Hmmm?
1 posted on 08/26/2011 9:58:00 AM PDT by rawhide
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To: rawhide
In Virginia it is unlawful to flash your lights at or behind another motorist for any reason at all.

It's considered harrassment of the other motorist.

2 posted on 08/26/2011 10:00:40 AM PDT by muawiyah
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To: rawhide

They’ve been giving tickets to people who warn others of traps in MD *forever*.

Some kind of “interfering with the enforcement of law” jazz.


3 posted on 08/26/2011 10:01:00 AM PDT by Salamander (Can't sleep...clowns will eat me.)
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To: rawhide

He was probably ticketed for “improper use of a hazard signalling device”, or the equivalent, which has been an offense for decades in many places in the US.

While the tickets are usually given to drivers that alert other drivers about police traps, it has just enough legitimacy as a rule that police can usually get away with it.


4 posted on 08/26/2011 10:02:40 AM PDT by yefragetuwrabrumuy
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To: rawhide

Some police are congenital liars.


5 posted on 08/26/2011 10:02:47 AM PDT by PALIN SMITH (In a time of universal deceit, telling the truth is a revolutionary act.)
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To: Salamander
They’ve been giving tickets to people who warn others of traps in MD *forever*.

Some kind of “interfering with the enforcement of law” jazz.

What they should call it is "interfering with the revenue collection process."

6 posted on 08/26/2011 10:02:53 AM PDT by 10thAmendmentGuy ("[Drug] crusaders cannot accept the fact that they are not God." -Thomas Sowell)
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To: rawhide

I was just saying “hi” to a friend of mine.

Prove me wrong.


7 posted on 08/26/2011 10:03:06 AM PDT by Erik Latranyi
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To: rawhide

These LEO are out of control. They are not part of the normal citizenry, they are class of their own. They won’t socialize with anyone that isn’t family or part of the blue clique.

We have a rural stretch of highway in Florida, zipcode: 33523, speed limit has always been 55 and just this week those put up signs for 45. No accidents, no hazards, no reason other than to guarantee that they can ticket for ANY REASON or mood they might be in.


8 posted on 08/26/2011 10:04:10 AM PDT by George from New England (escaped CT in 2006, now living north of Tampa)
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To: rawhide
I warn other drivers all the time when I see the cops hiding. Here in California, the cops are nothing but a giant revenue raising arm for the bankrupt government; they'll slap you with multi-hundred dollar fine for the littlest infraction, which can be devastating to people already having trouble making it. It's us versus them.
9 posted on 08/26/2011 10:05:38 AM PDT by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives" - Ataturk)
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To: muawiyah

well in FL it is NOT illegal to warn of speed traps.

This is no different than putting up a sign “speed trap ahead.”

the FL highway patrol denies they have quotas HOWEVER ticket volume is a factor in promotions. (for those in rio linda, they do have quotas they just lie about it)


10 posted on 08/26/2011 10:06:13 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: George from New England

true.


11 posted on 08/26/2011 10:06:13 AM PDT by ken21 (ruling class dem + rino progressives -- destroying america for 150 years.)
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To: muawiyah
In Virginia it is unlawful to flash your lights at or behind another motorist for any reason at all. It's considered harrassment of the other motorist.

So, when I blink to let the guy waiting to turn left or to pull out of a side street know that I see him and he can go ahead, I'd better not be in Virginia?

12 posted on 08/26/2011 10:06:15 AM PDT by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: Salamander
Some kind of “interfering with the enforcement of law” jazz.

Some kind of 'interfering with entrapment' jazz.
13 posted on 08/26/2011 10:07:41 AM PDT by presently no screen name
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To: 10thAmendmentGuy

Ain’t that the truth.

The irony is that when they changed the speed limit to 65mph like “everybody wanted”, they swore that was IT...do 66 and you get a ticket.

A trooper told us that they don’t even bother with anybody doing under 85mph.

People come down RT 40 doing 65mph, oblivious to the fact that kids, pets, people coming out of driveways and wildlife are *everywhere* on this blind-curve infested mountain back road and no cops care one little bit.

It’s the traffic cameras that -really- nail you, here.


14 posted on 08/26/2011 10:08:03 AM PDT by Salamander (Can't sleep...clowns will eat me.)
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To: muawiyah
In Virginia it is unlawful to flash your lights at or behind another motorist for any reason at all.

It's considered harrassment of the other motorist.


In Germany, on the Autobahn, it's practically required if you want to drive fast.
15 posted on 08/26/2011 10:08:07 AM PDT by BikerJoe
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To: muawiyah

Think it’s also against the law in Virginia to use a radar detection device.


16 posted on 08/26/2011 10:08:24 AM PDT by Palter (Celebrate diversity .22, .223, .25, 9mm, .32 .357, 10mm, .44, .45, .500)
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To: rawhide

Political speech is the most protected speech under the 1st amendment. Discussing with a fellow taxpayer how ones taxes are being spent is clearly political speech. Doing so with headlight flashes is protected speech.


17 posted on 08/26/2011 10:09:45 AM PDT by muir_redwoods (Somewhere in Kenya, a village is missing an idiot)
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To: JimRed

In our case, it’s always warning oncoming drivers that a big herd of deer is crossing the road.

We consider it a “slow down or you’ll get killed” courtesy.

Everybody here knows what it means and they all slow down.

[because God knows, there’s never gonna be a speed trap on this back road, no matter how much we beg for it]


18 posted on 08/26/2011 10:11:14 AM PDT by Salamander (Can't sleep...clowns will eat me.)
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To: muawiyah; All

cite?

or is it just cops harrasing people who warn of speed traps.

truckers have been warning for decades.

BTW why hasn’t anyone put out an app which tracks police cars? given how they are all lojacked it is long overdue.


19 posted on 08/26/2011 10:12:09 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: George from New England

[ We have a rural stretch of highway in Florida, zipcode: 33523, speed limit has always been 55 and just this week those put up signs for 45. No accidents, no hazards, no reason other than to guarantee that they can ticket for ANY REASON or mood they might be in. ]

When they do this crap, I always drive atleast 3mph above the slowest speed legally allowed, which is usually in the 40~47mph in a 55 zone. And I have any passenger in my car wave with a friendly smile and wave to the waiting officer.


20 posted on 08/26/2011 10:12:24 AM PDT by GraceG
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