Ticket for using middle finger to close helmet visor.

[Mr.Sp]

Hello I am in Florida.
I was traveling in tampa today. I had my helmet 1/5th of the way open at the light, i left the light and was traveling no faster then the speed limit. I then reached the speed limit was still in my lane and I used my middle finger (like I do 80% of the time) to close my visor all the way. There apparently was a cop at getting ready to turn into traffic and he decided to think I was flicking him off so he pulled out into traffic and speeded up to catch up to me and pulled me over and gave me a ticket for use of improper hand signal.

Now the officer said he has it on tape, he was a real tool about it, and then because of him holding me up for 20 minutes I got rained on for 8 minutes on my way home.

I called his superior officer and left a voice mail to complain.
I do not pay taxes so that some jack ass who doesn't like motorcycles can waste my time and money for something that isn't even half way credible.
I am going to take it to court, and if it is not dismissed when I plea I will have my lawyer take over.

The ticket is $151 and 3 points. the violation is under statute 316.155(4)
I looked it up and it only goes over turning, and using turn signals and hand signals to do so. Says nothing about using the middle finger. This also only covers when changing lanes which I never did.

So my question to you all after that long winded explanation is, does this officer have anything on me, and if it is taken to court and I do have to pay my lawyer to handle it, and after I am found not guilty can I sue the city for my time and money spent dealing with this?

Times are tough, how many of you would like to pay $151 and get 3 points every time you use your middle finger to scratch your eye brow or do anything?

Free country my ass.

And for those of you who are curious as to why I use my middle finger to push down my visor is because my gloves leave marks on my visor, and it is only natural for me to use my middle finger because it is my longest and I use it to do a lot of things. But for that Im getting fined $151.

This is crazy!
Thank you for your time.

[You Are Guilty]

Although I am sure there is more to this story, rest assured that there is plenty of legal precedent which says flipping off the officer of your choice is a perfectly legal way to express your free speech rights. Here's a general discussion (its based on CA, but the same principles apply to FL):
http://lawreview.law.ucdavis.edu/issues/41-4_Robbins.pdf

[Mr.Sp]

I can assure you that there is nothing else to this story. I was driving home from publix. flipped down my visor with my middle finger and was put into the cross hairs of a cop who obviously has a thing against sport bikes.
I am smart enough to know that if I was with holding information from this forum then nothing you told me would be valuable for me to use seeing as how the circumstances would be different. Thats all that there is to it. Simple and messed up.

But thank you for the link I do appreciate it.

[You Are Guilty]

Originally Posted by Mr.Sp

I can assure you that there is nothing else to this story. I was driving home from publix. flipped down my visor with my middle finger and was put into the cross hairs of a cop who obviously has a thing against sport bikes.
I am smart enough to know that if I was with holding information from this forum then nothing you told me would be valuable for me to use seeing as how the circumstances would be different. Thats all that there is to it. Simple and messed up.

But thank you for the link I do appreciate it.

If I have time later, I'll pull some FL-specific cases for you to cite when you ask for the dismissal. There may be some available publicly on the web if you want to get a head start looking.

[Mr.Sp]

Thanks I will check back later.

[Mr.Sp]

Originally Posted by You Are Guilty

http://lawreview.law.ucdavis.edu/issues/41-4_Robbins.pdf

Thank you very much, I did get a lot of very valuable information from that pdf that will help me.

[cyjeff]

Just once... I wish one of you yahoos that owns one of these bikes wouldn't claim some conspiracy when you get pulled over.

The rest of us don't care. Really.

[Maestro64]

Ah though making hand jesters is a protect right and you would most like prevail in court if the officer claims that is why he pulled you over for.

However, you have to assume the officer will not say that is the reason, he will simply state using the ticket to refresh his memory that he gave you a ticket for signaling a turn or something and not making that turn at which time you would have to prove you never made a signal.

I would not be too much credibility on whether he has it on tape either, very few patrol cars have video running 100% of the time, they usually only record when the light come on or it the officer activates it.

If the officer goes down this path, and if your bike has lights on it, then your not required to use hand signals and you can do what every you like with your hands while driving. I see motorcyclist who let their one arm hang down while drives which is the signal for stopping but it is legal to do so since the bike has a brake light.

[LSCAP]

Cyjeff, You said, :Just once... I wish one of you yahoos that owns one of these bikes wouldn't claim some conspiracy when you get pulled over.

The rest of us don't care. Really.


Speak for yourself.
I most certainly do care.
Even in the Officer web site I visit, a bunch of other cops jumped one guy who said he “doesn’t give them an inch etc.”

And some (I said some) cops do go after bikers. Even if they happen to be - a dentist I know - An Airforce pilot I knew -Or... should I go on?

And for that matter, since I now wear glassed, I almost always use the middle finger so I won't accidentally smudge the glasses.

[cyjeff]

Originally Posted by LSCAP

Cyjeff, You said, :Just once... I wish one of you yahoos that owns one of these bikes wouldn't claim some conspiracy when you get pulled over.

The rest of us don't care. Really.


Speak for yourself.
I most certainly do care.
Even in the Officer web site I visit, a bunch of other cops jumped one guy who said he “doesn’t give them an inch etc.”

And some (I said some) cops do go after bikers. Even if they happen to be - a dentist I know - An Airforce pilot I knew -Or... should I go on?

And for that matter, since I now wear glassed, I almost always use the middle finger so I won't accidentally smudge the glasses.

Why, exactly, does the type of motorcycle help or hinder the case at hand?

[I_Got_Banned]

Hate to revive an old thread however... I though this article was right on point: [url=http://www.time.com/time/nation/article/0,8599,1923125,00.html]Do You Have the Right to Flip Off a Cop? - TIME[/url]

[BOR]

If he has the violation "on tape" his "subjective intention" in pulling you over plays no role in 4th AM analysis, US SC.

[You Are Guilty]

Originally Posted by BOR

If he has the violation "on tape" his "subjective intention" in pulling you over plays no role in 4th AM analysis, US SC.

How would he have the (alleged) "flipoff" on tape?

Just curious.

[Maestro64]

IGB, Nice find and very appropriate for this discussion...

I agree with the article that enforcement need to start being held account for then they do things which is obviously unconstitutional... Too many time enforcement use these catch all laws as a way to try and show they are better or control you.

Go figure it happen in my home town....

[Jim_bo]

Originally Posted by cyjeff

Just once... I wish one of you yahoos that owns one of these bikes wouldn't claim some conspiracy when you get pulled over.

The rest of us don't care. Really.

Speak for yourself!!!! I say anyone who doesn't care about a cop who blatantly abuses his authority doesn't deserve to live in the greatest free country on earth. So, why don't you either shut up or move!