Sorry to bring up such an old post, but since there were a few "I got one of those tickets too" posts here, I thought this might be of interest to the whole group...
I'd suggest anyone with such a ticket contact the attorney firm that's representing that driver...
Just an update...
The attorney that defended the 2005 case agreed to represent me and Popeye - and successfully had both cases dismissed before trial with Motions to Dismiss.
The next step is to right the wrongs of 2400+ citations issued since the 18th Judicial Circuit court ordered...
Popeye found a very interesting case in Florida that was identical to both our experiences... LEO stop based on flashing headlights with officer convinced the stop was to warn other drivers. The judge in the case dismissed the charges based on the statute not being applicable to headlights...
So back to the audio recording... given the labels on all four windows that read "Notice: conversations inside and within 6' of this vehicle may be recorded" and the public nature of the stop, is it safe to assume the recording was properly noticed, and/or there was no reasonable expectation to...
Just an update to those following the story. According to the FOI request results, FHP has issued the following number of citations for "flashing light" violations per year:
Quite interesting that 500+ people were cited this year for having 'flashing lights' on their vehicles.
I don't know how it is in Hillsborough, but in Pasco your traffic court case is seen by a 'hearing officer' aka. magistrate. They're not true judges. Usually defense attorneys that have to pay their penance for working in the court system...
I marked the outside of the envelope with "I...
No, the best I could find was an an appellate decision on the exact same verbiage of our statute that was overturned because of grammatical intent. It's a very good read: http://scholar.google.com/scholar_case?case=5094082668707477651&q=%2296+Ohio+App.3d+99%22&hl=en&as_sdt=2002
If the hearing...
Not to be snide, but I think we have all the evidence we need to know that our 'representatives' are anything but now a days. I will certainly do that after the court date.
Thx for clearing that up...
What I'd love to see is the State issue a statement that this particular statute simply doesn't apply to motorist communications. I just don't think I, as a lowly civy, would ever get that kind of reaction. ACLU or media may. It'd just be nice to have something...
I've read, and re-read Zaid's position, and his correspondence with police. I think with his history and education, he carries a much bigger stick than we do. I have not tried to contact him - though I may after reading your post.
Your post only confirms my suspicion that FHP is actively...
Mighty - I can't claim I was flashing to pass - since I'm already on record as 'trouble shooting' my lights with the trooper. The reason I would bring up the statute is, just as you said, to show that there are legitimate reasons to blink headlamps - and the verbage used to describe that is...
Ok, I just hit 10 posts. Here's the link to the quote above: http://scholar.google.com/scholar_case?case=5094082668707477651&q=%2296+Ohio+App.3d+99%22&hl=en&as_sdt=2002
The Kirtland Hill's ordinance is virtually identical in wording as the FS 316.2397.7 on my citation:
Here's FL:
Really? I didn't know that. Is that the case even if I'm found guilty, and it goes to the appellate level? I've read several appellate summaries from GA and OH on this exact issue regarding the term "flashing light".
I'd post the link, but alas, I'm a lowly 9 count poster and can't yet...