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	<title>
	Comments on: Ticketing drivers for flashing lights near speed traps	</title>
	<atom:link href="https://www.overlawyered.com/2011/09/ticketing-drivers-for-flashing-lights-near-speed-traps/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2011/09/ticketing-drivers-for-flashing-lights-near-speed-traps/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Fri, 09 Sep 2011 18:40:22 +0000</lastBuildDate>
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	<item>
		<title>
		By: Jesse Spurway		</title>
		<link>https://www.overlawyered.com/2011/09/ticketing-drivers-for-flashing-lights-near-speed-traps/comment-page-1/#comment-125835</link>

		<dc:creator><![CDATA[Jesse Spurway]]></dc:creator>
		<pubDate>Fri, 09 Sep 2011 18:40:22 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=24462#comment-125835</guid>

					<description><![CDATA[&quot;the main purpose of the traps is to generate revenues &quot;
consider it a sin tax.]]></description>
			<content:encoded><![CDATA[<p>&#8220;the main purpose of the traps is to generate revenues &#8221;<br />
consider it a sin tax.</p>
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		<title>
		By: D		</title>
		<link>https://www.overlawyered.com/2011/09/ticketing-drivers-for-flashing-lights-near-speed-traps/comment-page-1/#comment-125809</link>

		<dc:creator><![CDATA[D]]></dc:creator>
		<pubDate>Fri, 09 Sep 2011 00:04:10 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=24462#comment-125809</guid>

					<description><![CDATA[Bumper,
Sadly, no. I&#039;ve looked.]]></description>
			<content:encoded><![CDATA[<p>Bumper,<br />
Sadly, no. I&#8217;ve looked.</p>
]]></content:encoded>
		
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		<item>
		<title>
		By: Jay Markowitz		</title>
		<link>https://www.overlawyered.com/2011/09/ticketing-drivers-for-flashing-lights-near-speed-traps/comment-page-1/#comment-125765</link>

		<dc:creator><![CDATA[Jay Markowitz]]></dc:creator>
		<pubDate>Thu, 08 Sep 2011 06:11:13 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=24462#comment-125765</guid>

					<description><![CDATA[Maybe the cops are just trying to save innocent citizens from being hunted down and killed by &#039;Bloods&#039; gang pledges.

http://www.snopes.com/crime/gangs/lightsout.asp]]></description>
			<content:encoded><![CDATA[<p>Maybe the cops are just trying to save innocent citizens from being hunted down and killed by &#8216;Bloods&#8217; gang pledges.</p>
<p><a href="http://www.snopes.com/crime/gangs/lightsout.asp" rel="nofollow ugc">http://www.snopes.com/crime/gangs/lightsout.asp</a></p>
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			</item>
		<item>
		<title>
		By: Bumper		</title>
		<link>https://www.overlawyered.com/2011/09/ticketing-drivers-for-flashing-lights-near-speed-traps/comment-page-1/#comment-125763</link>

		<dc:creator><![CDATA[Bumper]]></dc:creator>
		<pubDate>Thu, 08 Sep 2011 04:35:18 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=24462#comment-125763</guid>

					<description><![CDATA[Silly Git, I know you know better!

The lawyers will agree to split $150,000,000 and the class members are to get certificates of apology from the state. Ted Frank will have to get involved, the lawyers will then split $100,000,000 and the class members will still only get certificates of apology, but now with gilt edges making them suitable for framing. 

Is there an emoticon for tongue in cheek?]]></description>
			<content:encoded><![CDATA[<p>Silly Git, I know you know better!</p>
<p>The lawyers will agree to split $150,000,000 and the class members are to get certificates of apology from the state. Ted Frank will have to get involved, the lawyers will then split $100,000,000 and the class members will still only get certificates of apology, but now with gilt edges making them suitable for framing. </p>
<p>Is there an emoticon for tongue in cheek?</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2011/09/ticketing-drivers-for-flashing-lights-near-speed-traps/comment-page-1/#comment-125756</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Thu, 08 Sep 2011 00:50:58 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=24462#comment-125756</guid>

					<description><![CDATA[The statute under which the tickets are being written is Florida Statute 316.2397 which reads:

&lt;i&gt;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 or except that the lamps authorized in subsections (1), (2), (3), (4), and (9) and s. 316.235(5) are permitted to flash.&lt;/i&gt;

The surrounding text and section seems to deal more with prohibiting flashing lights that are used on emergency vehicles or used as a warning (tow trucks, barriers, etc.)

Since the original case in 2005 decided by a county judge who said the statute did not apply, there have been 10,429 people statewide that have been cited for this &quot;offense.&quot;

If the suit is successful, and all those who were ticketed sign up, the numbers are staggering:

&lt;blockquote&gt;&lt;i&gt;$15,000 in damages multiplied by the possible 10,420 citizens who were issued tickets equals $156,435,000. If all 10,429 tickets are refunded, that is another $1,042,900. That’s a whopping total of $157,477,900. &lt;/i&gt;&lt;/blockquote&gt;

I believe that would work out to roughly $1,053,329 for the members of the class, and $156,424,571 for the lawyers.]]></description>
			<content:encoded><![CDATA[<p>The statute under which the tickets are being written is Florida Statute 316.2397 which reads:</p>
<p><i>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 or except that the lamps authorized in subsections (1), (2), (3), (4), and (9) and s. 316.235(5) are permitted to flash.</i></p>
<p>The surrounding text and section seems to deal more with prohibiting flashing lights that are used on emergency vehicles or used as a warning (tow trucks, barriers, etc.)</p>
<p>Since the original case in 2005 decided by a county judge who said the statute did not apply, there have been 10,429 people statewide that have been cited for this &#8220;offense.&#8221;</p>
<p>If the suit is successful, and all those who were ticketed sign up, the numbers are staggering:</p>
<blockquote><p><i>$15,000 in damages multiplied by the possible 10,420 citizens who were issued tickets equals $156,435,000. If all 10,429 tickets are refunded, that is another $1,042,900. That’s a whopping total of $157,477,900. </i></p></blockquote>
<p>I believe that would work out to roughly $1,053,329 for the members of the class, and $156,424,571 for the lawyers.</p>
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		<item>
		<title>
		By: E-Bell		</title>
		<link>https://www.overlawyered.com/2011/09/ticketing-drivers-for-flashing-lights-near-speed-traps/comment-page-1/#comment-125752</link>

		<dc:creator><![CDATA[E-Bell]]></dc:creator>
		<pubDate>Wed, 07 Sep 2011 22:38:08 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=24462#comment-125752</guid>

					<description><![CDATA[Jason, that&#039;s my impression of what the police are thinking - motorists are lucky not to be charged with obstruction.

Way back when I was a state prosecutor, I had some folks from the state bureau of alcohol ask me for an opinion about an arrest they were about to make.  They had been doing a sting operation where they were busting convenience store clerks for selling alcohol to minors.  They&#039;d send in an agent, under 21, to buy beer and if they sold beer to the agent, the clerk and the business got cited.

Anyhoo, one clerk saw what was going on and made a phone call to one of his buddies at another store, warning him to make sure to card everyone who came into the shop that day.  The alcohol police wanted to arrest him with obstruction of justice, arguing that he was interfering with their duties.

I responded deadpan:  &quot;Let me get this straight:   you want to arrest a guy for telling someone else not to break the law?&quot;  

I know, cool story, bro.]]></description>
			<content:encoded><![CDATA[<p>Jason, that&#8217;s my impression of what the police are thinking &#8211; motorists are lucky not to be charged with obstruction.</p>
<p>Way back when I was a state prosecutor, I had some folks from the state bureau of alcohol ask me for an opinion about an arrest they were about to make.  They had been doing a sting operation where they were busting convenience store clerks for selling alcohol to minors.  They&#8217;d send in an agent, under 21, to buy beer and if they sold beer to the agent, the clerk and the business got cited.</p>
<p>Anyhoo, one clerk saw what was going on and made a phone call to one of his buddies at another store, warning him to make sure to card everyone who came into the shop that day.  The alcohol police wanted to arrest him with obstruction of justice, arguing that he was interfering with their duties.</p>
<p>I responded deadpan:  &#8220;Let me get this straight:   you want to arrest a guy for telling someone else not to break the law?&#8221;  </p>
<p>I know, cool story, bro.</p>
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		<item>
		<title>
		By: Farside		</title>
		<link>https://www.overlawyered.com/2011/09/ticketing-drivers-for-flashing-lights-near-speed-traps/comment-page-1/#comment-125747</link>

		<dc:creator><![CDATA[Farside]]></dc:creator>
		<pubDate>Wed, 07 Sep 2011 20:38:19 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=24462#comment-125747</guid>

					<description><![CDATA[We can only hope that this cashcow turns into a meek bull.]]></description>
			<content:encoded><![CDATA[<p>We can only hope that this cashcow turns into a meek bull.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Jason Barney		</title>
		<link>https://www.overlawyered.com/2011/09/ticketing-drivers-for-flashing-lights-near-speed-traps/comment-page-1/#comment-125745</link>

		<dc:creator><![CDATA[Jason Barney]]></dc:creator>
		<pubDate>Wed, 07 Sep 2011 19:33:27 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=24462#comment-125745</guid>

					<description><![CDATA[So, encouraging people to stop committing an infraction is an infraction? Bizarre.]]></description>
			<content:encoded><![CDATA[<p>So, encouraging people to stop committing an infraction is an infraction? Bizarre.</p>
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		<item>
		<title>
		By: Jonathan Bailey		</title>
		<link>https://www.overlawyered.com/2011/09/ticketing-drivers-for-flashing-lights-near-speed-traps/comment-page-1/#comment-125743</link>

		<dc:creator><![CDATA[Jonathan Bailey]]></dc:creator>
		<pubDate>Wed, 07 Sep 2011 17:38:09 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=24462#comment-125743</guid>

					<description><![CDATA[&quot;.......it is serving the same purpose as the speed traps.&quot;

True, if the primary purpose of the speed traps is to get people to slow down. However, if the main purpose of the traps is to generate revenues then I can see where the police might be a little irritated because their cash-cow gives less milk.]]></description>
			<content:encoded><![CDATA[<p>&#8220;&#8230;&#8230;.it is serving the same purpose as the speed traps.&#8221;</p>
<p>True, if the primary purpose of the speed traps is to get people to slow down. However, if the main purpose of the traps is to generate revenues then I can see where the police might be a little irritated because their cash-cow gives less milk.</p>
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		<title>
		By: Richard Nieporent		</title>
		<link>https://www.overlawyered.com/2011/09/ticketing-drivers-for-flashing-lights-near-speed-traps/comment-page-1/#comment-125742</link>

		<dc:creator><![CDATA[Richard Nieporent]]></dc:creator>
		<pubDate>Wed, 07 Sep 2011 17:37:31 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=24462#comment-125742</guid>

					<description><![CDATA[Surely you jest! As everyone is well aware, the purpose of a speed trap is revenue.]]></description>
			<content:encoded><![CDATA[<p>Surely you jest! As everyone is well aware, the purpose of a speed trap is revenue.</p>
]]></content:encoded>
		
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