Why You Need a Florida Pretending to Be Law Enforcement Using Prohibited Lights Defense Lawyer on Your Side
Florida has recently taken a tough stance against individuals who pretend to be law enforcement officers by using flashing red or blue lights on their vehicles. House Bill 253 turned what was once a misdemeanor into a third-degree felony. That means you can now face prison time, felony probation, and thousands of dollars in fines simply for having or displaying prohibited emergency lights in a way that suggests you are police.
As a Florida criminal defense attorney, I have represented clients across the state who were charged under this law and related statutes. I know firsthand how quickly an otherwise minor mistake can spiral into a permanent felony record. In this page, I will break down the law, quote the exact statutory text, explain the penalties, and share what defenses may apply. I will also explain why hiring a private defense lawyer makes all the difference in fighting these charges.
The Statute: House Bill 253 and Florida Statute § 843.081
House Bill 253 amended Florida Statute § 843.081, which now reads in part:
“It is unlawful for any person who is not a law enforcement officer or appointed by an agency of the State of Florida to have or use a flashing, oscillating, or rotating red or blue light in or on any vehicle. Any person who violates this section by using such lights in a manner that implies he or she is acting in an official law enforcement capacity commits a felony of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084.”
Previously, this statute carried only misdemeanor penalties. The new bill makes it a third-degree felony if the State can prove that the use of prohibited lights was done with the intent to impersonate law enforcement.
Penalties Under Florida Law
If convicted of a third-degree felony under this statute, you face:
- Up to 5 years in the Florida Department of Corrections
- Up to 5 years of probation
- A fine of up to $5,000
- Permanent designation as a convicted felon, which means losing civil rights such as firearm ownership and voting until restoration
The law also allows prosecutors to stack related charges. For example, if you pulled someone over while using those lights, you might also be charged under Florida Statute § 843.08, the general “impersonating an officer” law. That doubles your exposure and increases the risks you face.
This is why a private attorney is so important. I can challenge the intent element, question whether the State has the evidence to show you were pretending to be police, and work to reduce the charge back down to a misdemeanor or even secure dismissal.
A Real Case Example I Handled
One of my clients, a young man in his twenties, had purchased a vehicle that came with aftermarket blue strobe lights installed behind the grill. He turned them on while driving late at night to impress friends, but he never tried to pull anyone over. An off-duty officer saw the lights, followed him, and called local deputies. He was arrested and charged with a felony under § 843.081.
The prosecution claimed he was pretending to be law enforcement. I reviewed the evidence and found there was no traffic stop, no commands given, and no attempt to impersonate an officer. Through aggressive pre-trial motions, I convinced the court to suppress the State’s claim of intent. We negotiated a reduction to a civil infraction for improper lighting, with no criminal conviction on his record.
This case shows how a private defense lawyer can change the outcome. Without representation, this young man would have carried a felony record for life.
Defenses That May Apply
There are several defenses I use when fighting these charges:
- Lack of Intent – The statute requires proof that you used the lights in a way that suggested you were acting as law enforcement. If you never made a stop, never presented yourself as an officer, and never claimed authority, the intent element fails.
- Improper Installation or Unaware of Use – Sometimes lights are installed by prior owners. If you did not know they were prohibited or accidentally turned them on, I can argue lack of knowledge.
- Unlawful Stop or Search – If police discovered the lights during an illegal traffic stop or search, I can file a motion to suppress the evidence under Florida Statute § 901.151, the “Stop and Frisk” law.
- Constitutional Defenses – I can also challenge overbroad interpretation of the statute, arguing that the law requires clearer evidence than just the presence of lights.
Related Florida Statutes
Several other statutes often come into play in these cases:
- § 843.08 – Impersonating an Officer: Makes it unlawful to falsely assume or pretend to be an officer. This is also a third-degree felony.
- § 843.081 – Prohibited Lights: The statute amended by House Bill 253.
- § 316.2397 – Certain Lights Prohibited: This regulates general use of flashing lights on vehicles, such as green or amber.
- § 775.082, § 775.083, § 775.084: These define felony penalties, fines, and sentencing enhancements.
Understanding how prosecutors stack these statutes together is essential for building a strong defense.
Why You Need a Private Attorney
Public defenders work hard, but they are often overloaded with hundreds of cases at once. Felony charges for pretending to be law enforcement carry lifelong consequences. You need the resources and time of a private defense lawyer who can focus on your case.
I personally investigate the facts, subpoena dash cam or body cam footage, cross-examine witnesses, and negotiate directly with prosecutors. Many times, I have been able to convince the State to drop or reduce charges when the evidence did not support intent.
Your best chance to avoid a felony conviction is to have a lawyer who knows the statutes, understands defenses, and is willing to fight aggressively on your behalf.
Florida Pretending to Be Law Enforcement Using Prohibited Lights Defense Frequently Asked Questions
What does House Bill 253 actually change?
House Bill 253 upgraded the crime of using red or blue prohibited lights to suggest you are law enforcement from a misdemeanor to a third-degree felony. That means you now face prison time, probation, and a permanent felony record. The law went into effect in 2025 and is strictly enforced across Florida.
What if I bought a used car that already had prohibited lights installed?
This situation happens often. If you did not install the lights and had no intent to impersonate law enforcement, that can be a valid defense. A skilled Florida Pretending to Be Law Enforcement Using Prohibited Lights Defense Lawyer can show that you had no criminal intent and argue for dismissal or reduction to a civil infraction.
Can police search my car just because they see blue lights behind the grill?
Police must still follow constitutional requirements. If they stopped your car without probable cause or conducted a search without consent or a warrant, I can challenge that evidence in court. Suppression of illegally obtained evidence often leads to dismissal.
What are the penalties if convicted of this felony?
You could face up to 5 years in prison, 5 years of probation, and a $5,000 fine. More importantly, a felony conviction affects your future employment, housing, and civil rights. That is why having a private defense lawyer is critical to protecting your record.
What if the lights were never turned on?
Simply having lights installed may be a violation of § 316.2397, but it is not automatically a felony under § 843.081 unless they were used in a way that suggested impersonation. If the lights were never turned on, intent is very difficult for the State to prove.
Is this charge different from impersonating an officer under § 843.08?
Yes. § 843.08 is broader and covers pretending to be an officer in any way. § 843.081 is specific to prohibited emergency lights. However, prosecutors often charge both together. An experienced Florida Pretending to Be Law Enforcement Using Prohibited Lights Defense Lawyer knows how to fight these stacked charges.
What if I just used the lights as a decoration or for car shows?
Intent matters. If you only used the lights at private events or shows without suggesting you were law enforcement, that can be a valid defense. Context is critical, and I know how to show the court that your conduct was not criminal impersonation.
How soon should I hire an attorney after being arrested?
Immediately. Early intervention allows me to challenge the arrest, file motions to suppress, and open negotiations with the prosecutor before charges are formally filed. The sooner I get involved, the stronger your defense.
What if I already have a prior record?
Prior felonies can trigger harsher sentencing under § 775.084, Florida’s habitual offender statute. That is why it is crucial to fight hard now. With the right defense, I may be able to prevent a new felony conviction from being added to your record.
Can these charges ever be sealed or expunged?
If you are convicted, no. Florida law does not allow sealing or expunging felony convictions. However, if I can secure a dismissal or a reduction to certain misdemeanors, sealing or expungement may be possible. This is another reason why you need aggressive defense representation.
Call Our Florida Pretending to Be Law Enforcement Using Prohibited Lights Defense Lawyer
If you or someone you love has been arrested under House Bill 253 for using prohibited lights to pretend to be law enforcement, your freedom and future are on the line. Do not take chances with a felony case.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.