Driver Eric Campbell has challenged Florida law enforcement for ticketing drivers for warning oncoming traffic of speed traps.   Campbell was ticketed for “improper flashing of high beams.”  He says that ticketing and fining him is a violation of his free speech. 

According to The Blaze:

Florida Statue 316.2397 is the legislation Campbell is using to take action against the police. It does not prohibit the flashing of headlights as a means of communications, he said.

If he wins, 10 News says his case alone could end up costing taxpayers $15,000.

Campbell isn’t the only one troopers have targeted. Florida Highway Patrol records show that police cited more than 10,429 drivers under the statute. Campbell’s lawsuit accused patrols of wrongfully applying state law in order to generate revenue.

Well, technically he is right.   I have always been somewhat ill at ease over dui checkpoints being legal. 

So is Campbell just another scofflaw or is he on to something?  How can you be fined for simply flashing your headlights? 

10 Thoughts to “Florida driver argues flashing a warning is first amendment right”

  1. Cargosquid

    Isn’t America wonderful?! I hope he wins.

  2. marinm

    Some — some — cops think this is Amerika and not America.

    What irks me off is when they interview a police officer and they then say that they don’t want drivers warning one another because then they won’t find speeders.. But, isn’t the point to have people follow the law (i.e. flash lights and people slow down and comply…)

    They are either looking out for our safety or they’re tax collectors. Too many of them think they are tax collectors.

  3. Cargosquid

    Won’t find speeders….HAHAHAHAHAHA!

    Just sit on 95. Ticket everyone going 80+. He’ll be busy all day long.

  4. BSinVA

    I understand here in VA, the police stop you for flashing your lights, then ask if you were trying to warn oncoming motorists of radar. When you stutter “no”, they ticket you for have defective headlights.

  5. Slowpoke Rodriguez

    I’ll come down squarely on the side of “it’s free speech” on this one. Godspeed, Mr. Campbell!

  6. Censored bybvbl

    Campbell’s lawsuit accused patrols of wrongfully applying state law in order to generate revenue.

    And to squash free speech.

    As Marin said, What’s the beef if the warning causes people to slow down? It’s the same deterrent as those signs which flash a car’s speed (on Grant and Sudley).

    If a driver can flash his/her headlights to warn oncoming traffic about an obstacle in the road or a stopped school bus around a blind curve, why not about a speed trap – unless, of course, the speed trap is there to generate revenue.

    Most drivers that I know consider it a common courtesy to give a warning. My siblings and I learned it early in life from my law enforcement father who would ask my mother (when she was the driver) why she hadn’t flashed her lights yet to warn oncoming drivers about the trap.

    1. And for that matter, what about the states’w own flashing yellow hazzard lights.

      Excellent points, Censored. I think Campbell is right. I wonder how far this will go.

  7. marinm

    @Censored bybvbl

    The ‘blinky’ speed sign on Grant makes me laugh. I always speed up to see how high I can make the numbers go.

    Those signs are a joke.

  8. Censored bybvbl

    @marinm

    I make it a challenge to see if I can coast into the proper speed without hitting the brakes.

  9. Cargosquid

    How is flashing lights different than warning people with a CB? Back in the day, people were warning others all the time.

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