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Last post 11 years ago by DadZilla3. 29 replies replies.
Flashing Lights To Warn Other Drivers Of Speed Trap Is Protected Speech
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Gene363 Offline
#1 Posted: Wed, May 23 2012, 6:37 PM EST
Joined: 01-24-2003
Posts: 30,820
Go Florida!

A Florida judge rules that flashing light to warn other drivers of a speed trap is protected speech.

Having been threatened with a ticket for doing this in South Carolina, this is good news to me. After all, isn't the real idea to get people to drive within the legal limits? ram27bat


"Seminole County Sheriff and prosecutors who insisted that citizens could be ticketed for flashing their lights to warn others of a speed trap. Ryan Kintner, 25, can now claim to not only have warned neighbors of a speed trap but to have protected their constitutional rights. Kintner has won his challenge under the first amendment and a court has ruled that the Sheriff and local prosecutors were misconstruing a statute and violating the rights of citizens.

Circuit Judge Alan Dickey previously ruled that that state law does not apply to people who flash lights as a warning and in Tuesday’s decision ruled that such action constitutes protected speech under the First Amendment.

Kintner was home when he spotted the speed trap and jumped into his car to go up the street to warn his neighbors."
HockeyDad Offline
#2 Posted: Wed, May 23 2012, 7:11 PM EST
Joined: 09-20-2000
Posts: 46,135
Nobody flashed their lights at Trayon.
Gene363 Offline
#3 Posted: Wed, May 23 2012, 8:00 PM EST
Joined: 01-24-2003
Posts: 30,820
HockeyDad wrote:
Nobody flashed their lights at Trayon.


But he wasn't speeding.
rfenst Offline
#4 Posted: Wed, May 23 2012, 11:16 PM EST
Joined: 06-23-2007
Posts: 39,335
Don't get too excited.

That decision is, at best, only binding in Seminole County, FL. Another judge in Seminole County could rule the opposite. It will not be binding law unless it is upheld on appeal. Then, it would only be binding in those courts within that appellate district.

I think it is the right decision, but that the First Amendment free speech is not good enough by itself.

Think about the public policy benefit of warning people to slow down being an important factor in getting drivers to begin driving safely immediately...
jackconrad Offline
#5 Posted: Wed, May 23 2012, 11:32 PM EST
Joined: 06-09-2003
Posts: 67,461
A good start to fight the Tyranny !
TMCTLT Offline
#6 Posted: Wed, May 23 2012, 11:39 PM EST
Joined: 11-22-2007
Posts: 19,733
It's Never been about driver safety.....it's All about revenue collection!!!! Lots of other infractions more dangerous than speeding IMHO lets take texting for instance!!
Gene363 Offline
#7 Posted: Thu, May 24 2012, 3:54 AM EST
Joined: 01-24-2003
Posts: 30,820
rfenst wrote:
Don't get too excited.

That decision is, at best, only binding in Seminole County, FL. Another judge in Seminole County could rule the opposite. It will not be binding law unless it is upheld on appeal. Then, it would only be binding in those courts within that appellate district.

I think it is the right decision, but that the First Amendment free speech is not good enough by itself.

Think about the public policy benefit of warning people to slow down being an important factor in getting drivers to begin driving safely immediately...


Understood. The waring thing was common when we lived in Texas, not as much here in South Carolina. I have seen it used to war about stopped traffic or accident as well as speed traps.

I was warned by a State Trooper on a day they had blitzed a local secondary highway with 10+ marked and unmarked cars. It's mostly 55 MPH, but during peak periods of traffic to a Government facility it's 70+ in the left lane and 60 in the right most everybody understands. I was respectful, but did say flashing my lights was slowing down traffic to a safer speed. His response was, "If you do that I might as well stay home!" I overcame the urge to say that would be fine with me. I just want to get to work and home in the least amount of time. horse

jackconrad wrote:
A good start to fight the Tyranny !


Yes, but I don't want to be the guy in court. Frying pan


TMCTLT wrote:
It's Never been about driver safety.....it's All about revenue collection!!!! Lots of other infractions more dangerous than speeding IMHO lets take texting for instance!!


Agree 100% running red lights is so common here the green light means proceeded at risk and turn signal bulbs never wear out. fog
teedubbya Offline
#8 Posted: Thu, May 24 2012, 8:19 AM EST
Joined: 08-14-2003
Posts: 95,637
HockeyDad wrote:
Nobody flashed their lights at Trayon.



Instead of show me your tits the kids are going with pull up your hoodie?
stogiemonger Offline
#9 Posted: Thu, May 24 2012, 8:21 AM EST
Joined: 06-25-2009
Posts: 4,185
Anyone flashing thier lights, could be communicating a number of different things, depending on the circumstances.
A few examples........

at oncoming motorists: SPEED TRAP AHEAD!, or TURN YOUR HIGH BEAMS OFF A-HOLE!, or turn your lights on, it's dark, or HEY JOE!

at a four way stop: You can go first.

behind another motorist: I'm going to pass, or MOVE INTO THE TRAVEL LANE YOU SLOW POKE!

at the wife coming out of the beauty salon: I'm parked over here

Clearly a free speech issue.
teedubbya Offline
#10 Posted: Thu, May 24 2012, 8:22 AM EST
Joined: 08-14-2003
Posts: 95,637
dont forget honk if you're horny
matchew Offline
#11 Posted: Thu, May 24 2012, 8:25 AM EST
Joined: 04-10-2012
Posts: 318
It's not illegal in all states. in fact, most stories about this are bogus...............
DrMaddVibe Offline
#12 Posted: Thu, May 24 2012, 9:51 AM EST
Joined: 10-21-2000
Posts: 55,444
TMCTLT wrote:
It's Never been about driver safety.....it's All about revenue collection!!!! Lots of other infractions more dangerous than speeding IMHO lets take texting for instance!!




AMEN!

I do this EVERY chance I can. It cheeses me off to see some pig sitting either in the median or on the side of the road waiting for a speeder to come by. Like there isn't some REAL crime to actually bust? I say take away their freaking cars and let 'em all walk a beat!
DrafterX Offline
#13 Posted: Thu, May 24 2012, 10:08 AM EST
Joined: 10-18-2005
Posts: 98,555
ya, I flash my lights all the time... it's almost embarrasing for me to see the locals out on the highway writing tickets to out of state vehicles.. hell of a way to promote tourism around here... city cops shouldn't be allowed to write tickets on interstates... Mellow
Sonnyf78 Offline
#14 Posted: Thu, May 24 2012, 10:19 AM EST
Joined: 03-24-2008
Posts: 223
DrafterX wrote:
ya, I flash my lights all the time... it's almost embarrasing for me to see the locals out on the highway writing tickets to out of state vehicles.. hell of a way to promote tourism around here... city cops shouldn't be allowed to write tickets in interstates... Mellow


I agree 100%. But I will say, being a city cop myself, sometimes I do traffic enforcement when there are no calls for service (downtime). There are times where the calls are few. BUT, when I am pulling over a car, I'm usually looking for something else. Like dope, a bad license, or hell, sometimes you can even take a gun off the street. Personally, I don't give out moving violations unless it's deserved or you caused and accident. I'm sure my approach is different than most rural departments. My other downtime activities include puffing away on cigars. I'd much rather have a cigar than write a ticket.Herfing
DrafterX Offline
#15 Posted: Thu, May 24 2012, 10:29 AM EST
Joined: 10-18-2005
Posts: 98,555
Think
never thought about bribing a cop with cigars.... Think
Sonnyf78 Offline
#16 Posted: Thu, May 24 2012, 10:38 AM EST
Joined: 03-24-2008
Posts: 223
Shame on you
bloody spaniard Offline
#17 Posted: Thu, May 24 2012, 12:33 PM EST
Joined: 03-14-2003
Posts: 43,802
Have always tried to signal oncoming traffic about hidden speed traps & will continue to do so.
Btw, Maryland is adding a new kink to the tons of permanent cameras already in place by adding mobile versions that can be moved around & catch more unsuspecting drivers coming home after a hard day at work...
rfenst Offline
#18 Posted: Thu, May 24 2012, 12:33 PM EST
Joined: 06-23-2007
Posts: 39,335
Sonnyf78 wrote:
BUT, when I am pulling over a car, I'm usually looking for something else. Like dope, a bad license, or hell, sometimes you can even take a gun off the street. Personally, I don't give out moving violations unless it's deserved or you caused and accident. Herfing


So, you have just admitted to unconstitutional "pretextual stops".
DrafterX Offline
#19 Posted: Thu, May 24 2012, 12:34 PM EST
Joined: 10-18-2005
Posts: 98,555
thought about that too..... Mellow
rfenst Offline
#20 Posted: Thu, May 24 2012, 12:35 PM EST
Joined: 06-23-2007
Posts: 39,335
bloody spaniard wrote:
Have always tried to signal oncoming traffic about hidden speed traps & will continue to do so.


Me too! What the hell could be wrong about warning others to drive safely and avoid violating the law?
Did you know there are cell phone apps for alerting drivers of speed traps?
Sonnyf78 Offline
#21 Posted: Thu, May 24 2012, 12:53 PM EST
Joined: 03-24-2008
Posts: 223
rfenst wrote:
So, you have just admitted to unconstitutional "pretextual stops".


No. Infraction first. Whatever comes out of it, so be it.
bloody spaniard Offline
#22 Posted: Thu, May 24 2012, 1:01 PM EST
Joined: 03-14-2003
Posts: 43,802
rfenst wrote:
Me too! What the hell could be wrong about warning others to drive safely and avoid violating the law?
Did you know there are cell phone apps for alerting drivers of speed traps?



LOL! Wouldn't be surprised.

Sonny, stop ticketing me for mopery with intent to creep. I've had plenty of those along with spittin' on the sidewalks.
ram27bat
Sonnyf78 Offline
#23 Posted: Thu, May 24 2012, 1:10 PM EST
Joined: 03-24-2008
Posts: 223
LOL
bloody spaniard wrote:
LOL! Wouldn't be surprised.

Sonny, stop ticketing me for mopery with intent to creep. I've had plenty of those along with spittin' on the sidewalks.
ram27bat


I see you have been around the block a bit.
FuzzNJ Offline
#24 Posted: Thu, May 24 2012, 1:11 PM EST
Joined: 06-28-2006
Posts: 13,000
Aiding and abetting law breakers. For shame. Breaking a just law is immoral you know.
ZRX1200 Offline
#25 Posted: Thu, May 24 2012, 1:22 PM EST
Joined: 07-08-2007
Posts: 60,615
Not if the law is immoral right?







Tune in next week when rfenster reviews "jury nullification and you".
DrafterX Offline
#26 Posted: Thu, May 24 2012, 1:26 PM EST
Joined: 10-18-2005
Posts: 98,555
and me..??? Huh
DrMaddVibe Offline
#27 Posted: Thu, May 24 2012, 2:25 PM EST
Joined: 10-21-2000
Posts: 55,444
FuzzNJ wrote:
Aiding and abetting law breakers. For shame. Breaking a just law is immoral you know.





JESUS




LOVES




YOU



FUZZY!


Don't forget to use the Downy...ya know how the Boss of the house likes her clothes to feel nice and soft.
bloody spaniard Offline
#28 Posted: Thu, May 24 2012, 3:38 PM EST
Joined: 03-14-2003
Posts: 43,802
Sonnyf78 wrote:
LOL
I see you have been around the block a bit.



Yes, that is correct, flatfoot. I also know my way around a dinner plate. I am a hardened criminal & recititititvists to boot.Mad
DadZilla3 Offline
#29 Posted: Thu, May 24 2012, 4:00 PM EST
Joined: 01-17-2009
Posts: 4,633
DrafterX wrote:
Think
never thought about bribing a cop with cigars.... Think


In Thailand it only cost me 100 Baht to get out of a speeding ticket. Anxious
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