1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Citation issued for "flashing" lights to warn of speed trap

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by erkme73, Dec 13, 2009.

Thread Status:
Not open for further replies.
  1. mightymoose

    mightymoose Moderator

    Messages:
    11,366
    Likes Received:
    1,967
    Trophy Points:
    113

    Absolutely. Your recording is legit. Just make sure you contact the court in advance to make sure you follow appropriate rules in order to use your evidence in court.
     
  2. erkme73

    erkme73 Law Topic Starter New Member

    Messages:
    24
    Likes Received:
    0
    Trophy Points:
    0
    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 (flashing brights or turning on/off).

    So, couple of questions:

    1. Given the results of that case, is it safe/fair to assume citing it in our defenses the magistrate/hearing officer will have to rule due to precedence?
    2. Does one FL County have to respect the ruling from another County?
    3. How should the previous case be brought to the court's attention? Something brought up during trial, or is there a separate way to introduce it - so the court can validate the docket number?

    Thx...
     
  3. jharris352

    jharris352 New Member

    Messages:
    2,837
    Likes Received:
    344
    Trophy Points:
    0
    If it is simply another trial case in Fl it is not a precedent. Just make your argument about the statute and let the trial court come to it's own conclusion.
     
  4. mightymoose

    mightymoose Moderator

    Messages:
    11,366
    Likes Received:
    1,967
    Trophy Points:
    113

    If you think the case is identical and will help your argument then it wouldn't hurt to throw the name of the case out there. If the judge is interested and really wants to take that much time over this, then he will look it up and see.
    I don't think your case is going to last that long though. I suspect it will be dismissed rather quickly without you having to do much arguing at all.... if you are prepared.
     
  5. erkme73

    erkme73 Law Topic Starter New Member

    Messages:
    24
    Likes Received:
    0
    Trophy Points:
    0
    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 FL316.2397.7 as not applicable to flashing of headlights. This week a complaint (suit) was filed against Florida's AG.

    Thanks to all for your help with this. Should anyone who has ever received a ticket for flashing headlights come across this thread, please contact me.

    Thanks!
     
    Last edited: Jul 2, 2010
  6. airportparking

    airportparking New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Thank you very much ........
     
  7. erkme73

    erkme73 Law Topic Starter New Member

    Messages:
    24
    Likes Received:
    0
    Trophy Points:
    0
    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.

    http://www.wtsp.com/news/article/20...s-motorists-who-warn-others-about-speed-traps

     

Share This Page

Thread Status:
Not open for further replies.