Q: In the State of Florida, could I be ticketed for not pulling over for a law enforcement officer that did not use their lights? While driving down a low visible light highway at night time in the state of Florida, I had a car drive up behind me flashing their high beams at me multiple times for approximately a .10 of a mile distance. Not realizing it was a highway patrolman until he pulls up along side me at a stop light, and becomes beligerent with me and asks, "Why did you not pull over the first time I flashed my high beams!?" I simply state that I had not realized that you were law enforcement personnel, and that he did not use his siren or emergency lights and therefore could not determine who he was when he first attempted to stop me in a low visibility area. Given the circumstances stated above, would I be in any violation of Florida law for not stopping the first time because they failed to use their light? A:
Answered . Can you be? Yes, obviously you were. What will happen in Court seems to be the better question.
You may or may not enjoy a viable defense to the charge - specifically a lack of knowledge. However, unless there is dash cam video, then my guess is that the Trooper will have a radically different version of events than those which you describe likely, boiling your case down to a verbal pissing match (a "he said / she said").
If there is a video then you must subpoena it. If not then factual disputes are resolved during trial, making examination of the Trooper and your testimony clutch.
You do not want to go that route alone.
I can't speak to the Kissimmee area per se but in Miami, Fl, where I have been a practicing criminal defense lawyer for 22+ years, for $49-$99 you will get a lawyer who knows the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment.
I hope that I have been helpful in answering your question.
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Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
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