[erkme73]

***UPDATE***

Much has happened since my 12/09 ticket. An attorney fed up with government overreach agreed to represent me, filing a 6-page motion to dismiss. That worked.

Then, this week, he filed a class action lawsuit against the attorney general of the State of Florida for the 2400+ motorists who have been ticketed under the same statute - despite several court decisions (orders) that the statute did not apply to motorist communications.

The original video of the stop can be found on YouTube again:


YouTube - Cop issues ticket for warning others of speed trap

If you know of anyone who has received a ticket in Florida (whether a FL resident or not) for FS 316.2397(7) for flashing or blinking headlights, please let me know... I will receive notifications here - or you can post at the YouTube link.

[JonSch7]

As a law enforcement officer, I have to ask a couple of questions and you aware of a few things:

-The Florida Highway Patrol's job is to patrol the state's interstates and state highways. Their main job is to enforce traffic laws and investigate traffic crashes. Basically, their job is to write tickets.

-Why exactly were you flashing your high beams?

-To me, the trooper handled himself pretty professionally. He did not raise his voice, or become upset. His job is to enforce traffic laws, and that is what he was doing that evening. He observed your vehicle commit a traffic infraction, identified you as the driver, and issued you a traffic citation.

-A trooper does not care if a citation is contested or thrown out. Most write in excess of 1,000 a year, and I'm sure a handful are tossed out or found not guilty of the infraction.

But why all this trouble? It is probably a non-moving violation. Pay the $100, take it to court, or just move on. Seems pretty ridiculas for a minor traffic infraction.

[erkme73]

If thousands of people are being ticketed for something that isn't illegal, wouldn't you, as an LEO, want the practice to stop?

How much it costs each motorists is beside the point. It's a violation of our right to communicate, it's taking of property (fines/fees), and a violation of due process - and that, on principal alone, should cause any true American patriot serious pause.

STATE OF FLORIDA vs. ALEXIS NICOLE CASON, Defendant.
County Court, 18th Judicial Circuit, Seminole County. Case No.
4549-DAK. April 28,2005, nunc pro tunc April 11, 2005. Donald L.
Marblestone, Judge. Counsel: Michael D. Jones, Michael D. Jones and
Associates, P.A., Winter Springs.

ORDER OF DISMISSAL

This cause having come on to be heard April 11, 2005, and the Court
having been fully advised in the premises, it is hereby

ORDERED AND ADJUDGED that Defendant's Motion to Dismiss is
GRANTED. The Court finds that Fla. Stat. 316.2397(7) does not prohibit
a motorist from turning his or her headlights off and on, or turning his or
her low beams to high beams, even if it is the motorist's intent in so doing
to “warn” other motorists of the presence of a law enforcement officer
who may be using a speed measuring device to “clock” vehicular traffic.

This was from 2005, and distributed to the AG for distribution by way of the Florida Weekly. At that point, the practice of using this statute to cite motorists for communicating with headlights became invalid/illegal.

Further, this type of 'violation' was no longer reasonable grounds to stop a vehicle, and any evidence found during that stop is subject to dismissal.

These may seem like trivial issues to some, but it is precisely these types of seemingly minor rights that are being ebbed away.

[mango23]

Originally Posted by erkme73

If thousands of people are being ticketed for something that isn't illegal, wouldn't you, as an LEO, want the practice to stop?

How much it costs each motorists is beside the point. It's a violation of our right to communicate, it's taking of property (fines/fees), and a violation of due process - and that, on principal alone, should cause any true American patriot serious pause.

To be honest, you provided a better service then the officer. The intent is to have people drive more safely, not hope they are doing something wrong so you can catch them. That is the reason they set up those devices that show your speed and encourage you to slow down. If the officer is hiding he is not preventing the crime just intervening after the fact. If the officer is in plain sight then he keeps people driving safely and we are better off. In most cases the cops have it backwards. Their visibility is what prevents crime, all kinds of crime.

[chaotix]

Thanks for the update erkme73, glad it was a positive outcome. I am all for law enforcement, but if it entails frivolous tickets thus violating citizen's rights while putting their hands in our pockets, that is an outcry! $100 may not be much money for the JonSch7's of the world, but for most hardworking tax paying law abiding citizens, it most certainly is. . .Well done!

[Mike1306]

Originally Posted by erkme73

If thousands of people are being ticketed for something that isn't illegal, wouldn't you, as an LEO, want the practice to stop?

How much it costs each motorists is beside the point. It's a violation of our right to communicate, it's taking of property (fines/fees), and a violation of due process - and that, on principal alone, should cause any true American patriot serious pause.

This was from 2005, and distributed to the AG for distribution by way of the Florida Weekly. At that point, the practice of using this statute to cite motorists for communicating with headlights became invalid/illegal.

Further, this type of 'violation' was no longer reasonable grounds to stop a vehicle, and any evidence found during that stop is subject to dismissal.

These may seem like trivial issues to some, but it is precisely these types of seemingly minor rights that are being ebbed away.

I never knew that a county court judge's decision could change law.

That was one judges interpretation of the law and that is all.

And what is the Florida Weekly, the only one I could find was a SW FL entertainment weekly.

[erkme73]

Originally Posted by Mike Peterson

I never knew that a county court judge's decision could change law.

That was one judges interpretation of the law and that is all.

And what is the Florida Weekly, the only one I could find was a SW FL entertainment weekly.

Mike, I'm not an attorney, and I don't understand all the legal implications of that one case, but every case tried that my attorney has found since then, was dismissed as well - and the defense has cited State v. Cason.

And it's Florida Law Weekly - I missed the 'law' part.

[scrapple22]

I was ticketed this year for this and the police officer treated me like a criminal I cried my eyes out while he sat there and lectured me and threatened me that if I try to fight it in court I would lose. I paid the ticket. Seemed that he got off on l;ecturing a grown woman like a child. I was humiliated that day like never before.

[BucFan]

erkme73-Interesting story. Where does one find these dash cameras? Isn't it illegal to record other people, including police without their consent? Most disturbing is that the police drove 100 mph to catch up to you over this rather minor offense.

[sirrob]

Highway "patrol" - one of the biggest money making scams ever!