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Old 10-13-2011, 07:40 PM   #1
Kneeniasy

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Default Taking Liberties: Bright Lights, Big Trouble
http://www.foxnews.com/us/2011/10/12...s-big-trouble/

Erich Campbell thought he was being helpful. The Florida Highway patrolman thought he was being obnoxious and disrespectful and gave him a $101 fine.

“I couldn’t believe it,” said Campbell as he paced next to Veterans Highway in Tampa, Fla.

“I was in complete disbelief.”

Campbell’s crime?

He flashed his headlights to alert oncoming cars after passing that patrolman’s speed trap.

“It’s something I do,” he explained. "I don’t think it should be against the law."

In December 2009, the patrolman was set up on the southbound side of Route 589 near the Tampa International Airport. In a recording of the stop, the officer told Campbell he had seen his lights flashing. “It’s illegal,” he said before giving him a ticket that read “improper flashing of high-beams.”

Campbell eventually got the ticket dismissed, but he recently filed a class-action lawsuit against the state over writing similar citations.


Thoughts? Is this a First Amendment issue?

I can see the police point of view that it's obstructing the job of the police to catch law breakers. You could agree with the guy saying they can't prove why he flashed the lights but violation of free speech? I don't know.
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Old 10-13-2011, 07:51 PM   #2
Automobill

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http://www.foxnews.com/us/2011/10/12...s-big-trouble/

Erich Campbell thought he was being helpful. The Florida Highway patrolman thought he was being obnoxious and disrespectful and gave him a $101 fine.

“I couldn’t believe it,” said Campbell as he paced next to Veterans Highway in Tampa, Fla.

“I was in complete disbelief.”

Campbell’s crime?

He flashed his headlights to alert oncoming cars after passing that patrolman’s speed trap.

“It’s something I do,” he explained. "I don’t think it should be against the law."

In December 2009, the patrolman was set up on the southbound side of Route 589 near the Tampa International Airport. In a recording of the stop, the officer told Campbell he had seen his lights flashing. “It’s illegal,” he said before giving him a ticket that read “improper flashing of high-beams.”

Campbell eventually got the ticket dismissed, but he recently filed a class-action lawsuit against the state over writing similar citations.


Thoughts? Is this a First Amendment issue?

I can see the police point of view that it's obstructing the job of the police to catch law breakers. You could agree with the guy saying they can't prove why he flashed the lights but violation of free speech? I don't know.
First thought is Florida State law, which kind of has its own ability to determine when what could be referred to as "free speech" is in direct violation of public safety. Think flashing a laser pointer in the eyes of a helicopter, if the state deems it illegal would it be a "First Amendment" issue? Most states I'm aware of have rules regarding the use of high beams towards oncoming traffic. Whether it was intended to punish the guy for giving proper warning to speed traps sort of falls flat if the practice is illegal anyways.

As I'm not currently a resident in Florida I don't know for certain what it says, but I find that particular state law to be common enough I think it's probably being legally enforced.
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Old 10-13-2011, 08:08 PM   #3
cigattIcTot

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First thought is Florida State law, which kind of has its own ability to determine when what could be referred to as "free speech" is in direct violation of public safety. Think flashing a laser pointer in the eyes of a helicopter, if the state deems it illegal would it be a "First Amendment" issue? Most states I'm aware of have rules regarding the use of high beams towards oncoming traffic. Whether it was intended to punish the guy for giving proper warning to speed traps sort of falls flat if the practice is illegal anyways.

As I'm not currently a resident in Florida I don't know for certain what it says, but I find that particular state law to be common enough I think it's probably being legally enforced.
When I Googled it a few other articles came up - this doesn't seem to be the first time. Apparently what the driver's feel the law implies is that it means you can't add any extra lights to your car or impersonate law enforcement or emergency vehicles by having those type of "flashing" lights.

- Never mind it was the same story just has September as date on the articles. -

This is what was in other articles I read: Florida state statute indicates that "flashing lights are prohibited on vehicles except as a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is lawfully stopped or disabled upon the highway".

At first I thought why would you use your headlights to indicate you're changing lanes but it could mean using your blinker, since that does "flash" and of course when you've made an emergency stop. I suppose one could insinuate that when it says "flashing lights are prohibited except" means don't add lights that flash similar to emergency vehicles or law enforcement. It does not seem to specifically say anything about headlights.

I think the police are in the right by saying it's interfering with the police and how would it be different than warning someone in their house that the police are on their way. I mean if someone is speeding technically they are breaking the law. I also agree that it falls within the realm of public safety.

I was just a little surprised they were going the "free speech" route.
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Old 10-13-2011, 08:20 PM   #4
QHdy5Z3A

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I think the police are in the right by saying it's interfering with the police and how would it be different than warning someone in their house that the police are on their way. I mean if someone is speeding technically they are breaking the law. I also agree that it falls within the realm of public safety.
I don't get the police's point of view...what are they afraid of? That people will slow down?
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Old 10-13-2011, 08:24 PM   #5
boiffrona

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1) The guy was doing it wrong. You're supposed to dim your headlights to alert oncoming traffic that there's a cop ahead. Flashing your highbeams is to alert oncoming traffic that they have their beams on high and need to knock it off.

2) Like MM said, what are the police worried about? If the desired action of having the police out there is to reduce speeding, then this guy has actually helped them. So if the police are mad, reducing speeding must not be the desired end state. My thoughts are that the desired end state is simply generating revenue through writing of tickets, and this guy cut in to that by getting others to slow down. That's why he got the ticket.
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Old 10-13-2011, 08:47 PM   #6
MilenaMKB

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I don't get the police's point of view...what are they afraid of? That people will slow down?
Yeah that they'll slow down...until they get past the speed trap and then they'll speed up again. That's what most people do.
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Old 10-13-2011, 08:51 PM   #7
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1) The guy was doing it wrong. You're supposed to dim your headlights to alert oncoming traffic that there's a cop ahead. Flashing your highbeams is to alert oncoming traffic that they have their beams on high and need to knock it off.

2) Like MM said, what are the police worried about? If the desired action of having the police out there is to reduce speeding, then this guy has actually helped them. So if the police are mad, reducing speeding must not be the desired end state. My thoughts are that the desired end state is simply generating revenue through writing of tickets, and this guy cut in to that by getting others to slow down. That's why he got the ticket.
I've always seen people flash their headlights where I'm from and it's either a speed trap warning or brights are on. I've seen it for both.

But the guy isn't helping the police out because people only slow down until they pass the speed trap. Then they speed right back up again. I've seen it before. So basically he's allowing people who are speeding to get away with it.

Honestly I either drive the speed limit, maybe five miles over I go with the flow of traffic. I'm never in that big of a hurry to get somewhere and don't feel the need to zip along the highway or Interstate at 100 mph. Some people do I guess.
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Old 10-13-2011, 09:03 PM   #8
gopsbousperie

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I think a lot of traffic enforcement these days is more for revenues than for public safety honestly. You can't really prevent the idiocy of sexting behind the wheel, but why not at least profit from it?
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Old 10-13-2011, 10:00 PM   #9
jstizzle

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I flashed oncoming traffic with my headlights. The trooper (Ohio) came up and did a traffic stop. He said the reason for the stop was I had crossed the center line when I passed his car. DUH no kidding I went left to have plenty of room passing him sitting on the side of a country road. Marked lanes violation... $95.
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Old 10-13-2011, 10:15 PM   #10
rootoronpunty

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I think a lot of traffic enforcement these days is more for revenues than for public safety honestly. You can't really prevent the idiocy of sexting behind the wheel, but why not at least profit from it?
Most of the time - probably true. (the revenues part).
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Old 10-13-2011, 10:25 PM   #11
haudraufwienix

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Most of the time - probably true. (the revenues part).
So am I to understand you are in support of behind-the-wheel sexting? My sincerest apologies, I meant no offense
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Old 10-13-2011, 10:27 PM   #12
sEe

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So am I to understand you are in support of behind-the-wheel sexting? My sincerest apologies, I meant no offense
I meant that it's probably true most traffic violations are in response to just getting more revenues instead of public safety. I do not nor do I know anyone who "sexts" while driving. Have I ever texted while driving? Yes but rarely but sexting...that is just another level of distracted driver.
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Old 10-13-2011, 10:29 PM   #13
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I meant that it's probably true most traffic violations are in response to just getting more revenues instead of public safety. I do not nor do I know anyone who "sexts" while driving. Have I ever texted while driving? Yes but rarely but sexting...that is just another level of distracted driver.
Just teasing ya for saying "which part" you agreed with!
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Old 10-13-2011, 11:00 PM   #14
Bigroza

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Yeah that they'll slow down...until they get past the speed trap and then they'll speed up again. That's what most people do.
That's why I flash my lights at people even when there isn't a cop. :-)
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Old 10-13-2011, 11:17 PM   #15
Lydiaswingert

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Just teasing ya for saying "which part" you agreed with!
Dammit, she had me excited for a minute there. :-(
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