08/31/2011 // WPB, FL, USA // Personal Injury Lawyers News // Nicole Howley
Tampa, FL — A Florida man has filed a class-action lawsuit against the Florida Highway Patrol (FHP) after being ticketed for flashing his headlight to warn other motorists about speed traps, reported AZ Central.
Eric Campbell filed the lawsuit after he was ticketed on the Veterans Expressway for warning other motorists of a speed trap. Campbell had noticed that two FHP patrol cars were sitting on the side of the road, in a median with their lights off, when Campbell began to flash high lights on and off to warn drivers headed in the opposite direction about the upcoming speed trap. About a minute later, a FHP trooper pulled Campbell over and issued him a ticket for improper flashing of high beams. The FHP trooper cited Florida Statute 316.2397 as grounds for issuing the ticket, and informed him that his actions were “illegal.”
But, Campbell found out that the exact opposite is true, and promptly filed the class-action lawsuit, which asserts that “Florida Statute 316.2397 does not prohibit the flashing of headlights as a means of communications, nor does it in any way reference flashing headlights or the use of high beams.” A court order in 2005 even stated that the state law doesn’t prohibit the flashing of vehicle headlights
The lawsuit claims that the FHP is fully aware that they are erroneously applying the law to generate revenue. According to FHP records, over 10,429 drivers have been ticketed under this statue since 2005.
The suit is seeking the refund of the $100 ticket, as well as damages in excess of $15,000.
Legal News Reporter: Nicole Howley-Legal news for Florida lawyers.
Url: West Palm Beach Personal Injury Lawyer News