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Flashing in public no longer illegal in Florida

Florida Highway Patrol sued over ticketing practice

erich.campbell

Starting Tuesday, flashing your headlights to alert oncoming traffic that police are lying in wait along the roadside will no longer be against the law in the state of Florida.

The provision legalizing such speed trap warnings is part of a statewide change in motor vehicle laws.

An attorney who represented cited motorists believes, though, that the revised traffic code contains loopholes that would still allow police to ticket flashing drivers.

“The action of the Legislature in our belief fell short,” Oviedo attorney J. Marcus Jones told the Associated Press.

Passed by the legislature last March, the new law amended one section of Florida’s existing traffic code but – according to Jones – police may still use other provisions to cite blinking motorists.

Those provisions include prohibitions against using high beams within 500 feet of an oncoming vehicle or within 300 feet of a vehicle ahead.  The newly stated exception for flashing headlights does not apply to those sections of the traffic code.

After being sued by motorist Erich Campbell, the Florida Highway Patrol ordered state troopers to stop issuing citations to flashing drivers.

Campbell, a student attending St. Petersburg College was cited for violating an existing law that says “flashing lights are prohibited on vehicles” except for turn signals.

The lawsuit alleges that the Florida Highway Patrol misinterpreted that particular provision of the state traffic code as it was meant only to ban motorists from having strobes lights that resemble those on official emergency vehicles.

To clear up any ambiguity, the new law specifically amends Florida’s traffic code to allow motorists to flash their headlights at an oncoming vehicle regardless of intent.

A Pinellas County judge dismissed Campbell’s $115 ticket, but his lawsuit against the FHP is facing dismissal in Tallahassee.

Representing Campbell before Circuit Court Judge Kevin Carroll, Jones has requested reconsideration because of the alleged inconsistencies remaining in Florida’s traffic code.

If successful in seeking reconsideration, Jones intends on seeking class-action status in an effort to obtain refunds for the estimated 2,400 drivers who were convicted and paid fines between 2005 and 2010 for flashing their high-beam lights.

COMMENTS

  • westcoastpatriette

    The title of your diary got my attention, that’s for sure. Clever.

    Unless I’m really out of the loop, we don’t have that custom in California, although I wouldn’t be surprised if truckers don’t have some kind of warning code while on the road.

  • gawken

    FYI..about two years ago, Mason Dixon, who hosts a very popular Tampa Bay morning radio show, got many of his listeners in trouble with the law. For some reason, and I believe it was to thank our troops as he played a patriotic medley, he asked his listeners to flash their headlights to show their support. Shortly after, he started getting calls from many listeners who had been pulled over by the police,and in some cases ticketed. He, along with them, was not aware that it was against the law to flash your headlights. I recall that he soon had someone from the State Police on the air explaining the law, and that several people had their tickets dismissed after he had posted an apology on his website.

  • gawken

    BTW..very kewl headline..kudos!

    Did you see the WV newspaper’s headline, about the football team’s defeat..”Mountaineers Lose Bowel”

  • edintexas

    Here in Texas it is common to flash headlights at oncoming drivers to warn of dangers ahead, more often a cow out, or wreck, than a speed trap.

    • westcoastpatriette

      The only times I can remember using flashing headlights as a signal here in Cali was to let oncoming vehicles know that they need to dim their brights at night because they were blinding everyone. And truckers used to flash at cars ahead of them on the freeway to let them know they had successfully passed by them and could move back into slow lane.