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Radar ahead–Free Speech
St. Louis Federal judge issues ruling that flashing headlights to warn other drivers of speed traps-radar up ahead is free speech.
The test case was from a drivers $1000 ticket issued for offense….yikes
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12 Replies
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Florida recently made flashing headlights a safety concern and passed a law banning the practice. Hmmm, I wonder if they can keep their law as they made it specifically safety related.
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Actually, Florida recently rescinded the prior restrictions on headlight flashing. Effective January 1 you can flash away. Just not near a school please…
Florida bill H.B. 1223 amends the code. See lines 681-683, which now permits flashing headlights “at an oncoming vehicle notwithstanding the motorist’s intent for doing so.”
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Back when I was working Special Enforcment and Traffic, the charge we used was “Impropper Equipment, Headlights.” If a vehicle is traveling down the road and their headlights are
flashing on and off, we figured there must be something wrong with the
electrical system of he vehicle. Therefore, a summons for Impropper Equipment, Heaqdlights. Tell the judge you were flashing to warn others of radar if you wish and he can dismiss the charge if he wants, but the charge is totally proper and based on good faith that there is an electrical issue with the vehicle. Just because someone says they are purposly flashing their lights to warn others do not necessarlly mean it is true, he may in fact be trying to hide defective equipment. And speaking from 30 years experience, people will tell you almost anything to get out of a summons 🙂 Moral to the story: There are more than one way to skin that perverbial cat 🙂
Sorry if this is not a very poplar post, but it’s one from a guy with a 30 year Public Safety background…
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Hi Ron while I can see both sides of this argument I lean toward the folks who flash their lights. My reasoning for this is- both methods tend to slow down the other drivers and after all isnt that the whole reason for the radar or am I wrong and the radar is just a cash cow ?
And hurry up(legally) and get yourself a prevost. You wont regret it,i guarantee that ! -
Bryan thanks for the correction.
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I hope the cops realize that the flashing of headlights is also a means by which motorists warn of something ahead that requires caution. More often lately I have gotten headlights to warn of a lane of traffic blocked, an accident, or something ahead that requires me to use extra care.
As to the defective equipment, if I were a motorist stopped for flashing my lights and I told the cop I was warning oncoming traffic of something, it is no longer defective equipment but my admission of taking some action to warn other motorists. If the cop still writes a ticket he is being unreasonable.
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Ya got my vote Jon!
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What I forgot is the frequent flashing of headlights by truckers. It is the universal signal to a passing truck that it is OK to return to the lane of traffic. I know those lights are not defective. The response from a trucker who was signaled that it was OK to pull in is to flash the marker lights on and off a few times, so we know those aren’t defective either.
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People also flash lights at someone they know going the other way. We do that all the time. I would be really pissed if a cop tried to give me a ticket for flashing lights. Not a showing of respectable law enforcement.
I guess the motorcycles with the oscillating headlights look defective also.
And don’t get me started, when you watch a cop flying past us with blinding E-lights, only to shut them off and pull into the local doughnut shop. I know, they had a call and it cancelled.
Sorry, I will get back down off the box now.
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what a waste of time, money and court time for all sides.
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Ron,
First, thanks for your 30 years of enforcement efforts. Having worked 43 years on highway projects in close proximity to high speed traffic I learned early on the value of law enforcement being present.
Our problem here in NC is that speeding citations are routinely reduced to “Prayer for Judgement Continued” especially for what appears to be a first time offender. If they are not a first time offender, for the second charge the offender gets their gharge reduced by the court system to “Improper Equipment.” Both of these have no impact on insurance rates and other than possible lawyer costs, the fine is only $250 once you get to the “Improper Equipment” deal. For the third speeding violation the offender is treated to a reduced charge to 9 miles per hour over the posted speed limit, which in NC also does not carry insurance consequences but it does carry an increased fine, I think its still less than $1000 plus of course court costs.
I have lots of stories about citizen calls for reduced speed limits. The problem was not really a need for a reduced speed limit, especially when it was posted as the maximum state statutory speed, it was more the number of people that see a posted speed limit as a “recommended” value. One call I received from a lady wanting a reduced speed limit posted on a soil road less than half a mile long. Her reason, “My 9 year old has nothing to do when he gets home from school so I let him drive my car up and down the road. I don’t want someone hitting him.” I ended the call and immediately dialed the NC Highway Patrol First Sargeant. Related the lady’s call and the time of day when the 9 year old could be found driving on a State system road. I don’t know if any action was taken, I just know I never heard from that lady again.
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Jon,
Many years ago I was forced to commute from Winston-Salem to Greensboro, NC, a distance of about 50 miles one way. I had an old even then, 1966 Dodge Town Wagon with a Generation #1, 392 cubic inch Hemi. Well one winter morning I awoke to 6″ or so of snow on the roads. I went off to work anyway. On a secondary road I was almost hit head on by a local sheriff deputy driving way over his head. I got to I-40 and the pavement was dry. Went 25-30 miles to Kernersville where I was pulled over by an NC State Trooper. He stated I was traveling at an unreasonable speed for conditions. I asked did he mean dry pavement? Any way the conversation went no where. I noticed one of his headlights was burnt out so I suggested while he was writing citations he needed to write himself one for “Improper Equipment – Headlights” especially since driving conditions were so adverse. He said it had just burnt out. We went back and forth a couple times before he told me to just drive carefully to where I was going.
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