Gene363
  • Gene363
  • Herf-A-Holic Topic Starter
14 years ago
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
14 years ago
Nobody flashed their lights at Trayon.
Gene363
  • Gene363
  • Herf-A-Holic Topic Starter
14 years ago

Nobody flashed their lights at Trayon.

HockeyDad wrote:



But he wasn't speeding.
rfenst
14 years ago
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
14 years ago
A good start to fight the Tyranny !
TMCTLT
14 years ago
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
  • Gene363
  • Herf-A-Holic Topic Starter
14 years ago

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...

rfenst wrote:



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. 🐴

A good start to fight the Tyranny !

jackconrad wrote:



Yes, but I don't want to be the guy in court. [frypan]


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!!

TMCTLT wrote:



Agree 100% running red lights is so common here the green light means proceeded at risk and turn signal bulbs never wear out. 🌫
teedubbya
14 years ago

Nobody flashed their lights at Trayon.

HockeyDad wrote:




Instead of show me your tits the kids are going with pull up your hoodie?
stogiemonger
14 years ago
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
14 years ago
dont forget honk if you're horny
matchew
14 years ago
It's not illegal in all states. in fact, most stories about this are bogus...............
DrMaddVibe
14 years ago

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!!

TMCTLT wrote:





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
14 years ago
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... 😟
Sonnyf78
14 years ago

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... 😟

DrafterX wrote:



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.🇨🇮
DrafterX
14 years ago
🤔
never thought about bribing a cop with cigars.... 🤔
Sonnyf78
14 years ago
bloody spaniard
14 years ago
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
14 years ago

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. 🇨🇮

Sonnyf78 wrote:



So, you have just admitted to unconstitutional "pretextual stops".
DrafterX
14 years ago
thought about that too..... 😟
rfenst
14 years ago

Have always tried to signal oncoming traffic about hidden speed traps & will continue to do so.

bloody spaniard 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?
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