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Thursday, January 3, 2013

Flashing In Florida

OFF THE WIRE
Law OKs headlight-flashing warnings

Lawyer warns of other provisions

Associated Press

TALLAHASSEE — Flashing your headlights to alert oncoming drivers that police are lurking on the roadside ahead will no longer be illegal in Florida, though a lawyer who has represented ticketed motorists says a new law legalizing the practice still has loopholes.
A provision legalizing such speed trap warnings is part of a wide-ranging motor vehicle law taking effect Tuesday with the new year. Other changes range from allowing homeless people to get free state identification cards to creating a pair of new specialty license plates.
Oviedo attorney J. Marcus Jones, who has helped headlight- blinking motorists get their tickets dismissed, said the new law doesn't go far enough.
By the time the law was passed in March, the Florida Highway Patrol already had ordered state troopers to stop issuing tickets for high-beam flashing after being hit with a lawsuit Jones filed on behalf of Erich Campbell.
The St. Petersburg College student from Land O' Lakes was cited for violating an existing law that says "flashing lights are prohibited on vehicles" except for turn signals.
The lawsuit contends the Highway Patrol had been misinterpreting that provision in Florida's traffic code because it was meant only to ban drivers from having strobes or officiallooking emergency vehicle lights on their cars and trucks.
A Pinellas County judge dismissed Campbell's $115 ticket, but his lawsuit is in trouble.
Another judge in Tallahassee ruled it's a moot issue because of the new law. Jones, though, has asked Circuit Judge Kevin Carroll to reconsider because of the loopholes he believes it contains.
Jones said police still can use other sections of the traffic code to ticket motorists for flashing their headlights. Those provisions include prohibitions against using high beams within 500 feet of an oncoming vehicle. The new exception for flashing headlights doesn't apply to those parts of the traffic code, Jones said.

COMMENT
Many states have laws that supersede, contradict, or are a doppelganger of previously written and enacted laws. Most curious is the rarity that laws are rarely removed from the books. It seems that many governments, within the USA, want the power to tax everything, own everything and everyone. When held to accountability standards, the government wants to be held harmless. There is a strong appeal to the anarchist to tear this all down. The fine line between a semblance of order versus a semblance of disorder has been crossed.
Florida in particular has gotten more than an ear full from the federal government and more than a fist full of dollars to pervert anything and everything.
Really? Some whiney-assed, revenuer had a law made about flashing headlights because it wrecked his cash cow? Quit lowering the standards to become a law enforcement officer. Or, was it a politician or judge that profited, by creating misfortune for the masses. Do the cops down there still offer a discount for cash?


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