Hoovey689

iTrader: (16)

Florida judge rules flashing lights for speed trap warning is covered under free speech

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.

http://www.autoblog.com/2012/05/23/f...warning-is-co/

tex2670

Wow--I didn't realize people actually still did this... Good for him!

MX5NES350

I do this all the time. I am not really sure if most motorists understand what it means or if they think I am participating in some urban legend gang initiation.

Hoovey689

iTrader: (16)

I'll do this too sometimes. Half the time I don't think drivers understand it and they'll flash back hah

mmarshall

I partially agree with the ruling and partially disagree. There is, as the judge's ruling implies, free-speech under the first Amendment. But, in all 50 states, including the state of FL where this ruling was made, driving is legally considered a priviledge, not a right, and that priviledge includes obeying traffic laws. The real answer to speed-traps is not to depend on high-beam flashes, but to just stay reasonably near the speed limit, even if you don't actually nail it.......tickets are usually not given out for speeds within 10 MPH or so of the limit, to account for speedometer-error, radar-error/interference, and other factors.

LeX2K

mmarshall I agree with what you are saying, to an extent. But the supposed goal of speed traps is to get people to slow down and make the roads safer. Flashing people will instruct them slow down, and apparently save lives. What is really happening, and what police departments will never admit, is that the flashing will cut down on revenue, which is the only reason traps exist in the first place.

anthrax144

Except, according to the article, he was parked on the side of the road while he was doing this. He might as well been standing on the side of the road with a sign. Hence, it was a violation of his 1st Amendments rights to ticket him for it.

trukn1

Mike, I DO agree with your rationale here, but not this entire comment. YES, driving IS a priviledge but the reason he was ticked was for his communication with other drivers regarding the speed trap. Comunication is protected under free speech, and this is what the judge recognized and cited.

So very true, but let's face it, the purpose of the trap is to capture those who do NOT afhere to the rules, or even warnings from others. Yeah, then they deserve what they get. Don't want to follow the rules,,don't want to heed warning from other drivers,, face the consequence.

Another true statement,, but unfortunately,not uniform in nature. some of the places I have been have written tickets for speeds UNDER 5 mph. May have gotten thrown out in court later, but I have seen it firsthand in some states in which I have travelled. Bering in DC yourself,, you know all too well, the tales of woe in PG (Plead Guilty) county. LOL!!! (Baltimore based here).