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Old 02-06-2014, 03:50 AM   #1
Blue-J
 
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Thumbs up Flashing lights ticket.

For those who flash their lights to warn of an impending speed trap.
http://autos.aol.com/article/warning...6pLid%3D439290
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Old 02-06-2014, 04:54 AM   #2
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we have a similar statute here in DE, but can't say I have ever enforced it. I was heading to set up with a fellow officer once and a lady flashed her lights at me to tell me he was around the corner already running LIDAR......pretty funny when you do it to a police car.....I pulled her over but didn't give her a ticket, just chewed her a-- a little bit and let her go.... guess I just couldn't believe she would do that to another patrol car
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Old 02-06-2014, 06:18 AM   #3
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Interesting! For the benefit of those that don't click on the link:

Warning Drivers Of Speed Traps With Flashing Headlights Is Free Speech


A federal judge in St. Louis ruled Monday that a driver flashing their lights to warn other drivers of an impending speed trap is protected free speech.

On November 22, 2012 Michael Elli received a ticket for flashing his lights to warn fellow drivers of a speed trap, according to Fox 2. The American Civil Liberties Union helped Elli fight the $1,000 ticket all the way to federal court.

Judge Henry Autrey of St. Louis ruled a driver has the right to flash their lights under the First Amendment. Autrey issued an injunction to stop Ellisville Police from enforcing the policy.


"If you're at the gas station on the corner and someone says 'Hey be careful over there, there's a speed trap,' that's protected speech. You can't be ticketed for that. This is no different," Tony Rothert, an attorney for the American Civil Liberties Union, told Fox 2.

A lawyer for the police in Ellisville said the department isn't affected by the ruling, as this kind of ticket has only been issued five or so times in the last decade. Across the country, however, the ruling will be considered the benchmark for such cases.
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Old 02-06-2014, 06:23 AM   #4
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I dont see a problem with it, I agree with the judges ruling. If anything it makes people slow down which is what police are supposedly doing when they pull people over anyways.
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Old 02-06-2014, 06:54 AM   #5
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hey now,

silverhawk i am going to call you out on this, what was your reason for pulling her over? why would you chew her ass for it, even if it was just a little bit? please give thought process for that.

thanks,
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Old 02-06-2014, 07:40 AM   #6
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Quote:
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I dont see a problem with it, I agree with the judges ruling. If anything it makes people slow down which is what police are supposedly doing when they pull people over anyways.
Yeah, here, the law doesn't say the police must issue a ticket for speeding, it says they, I'm not quoting, are charged with getting people to not break the law or drive above the speed limit.

Not by any means necessary, but if that means sitting on the side of the road with red and blues on just so people slow down, that fits the bill just as much as actually writing tickets.

Of course when I first started driving I noticed people would slow down when they saw a cop with his lights on. Now I think I see people have an attitude that "he's already got somebody, he won't get me" and so they keep on going 10 mph over. I know Georgia has setups where a cop is pulled over behind a dummy car waiting for people like that. Fine by me.
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Old 02-06-2014, 08:03 AM   #7
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In TN, flashing your lights has been legally protected free speech for several years now.
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Old 02-06-2014, 08:17 AM   #8
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i thought flashing lights at someone was because they don't have their lights on?? :(
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Old 02-06-2014, 08:24 AM   #9
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i thought flashing lights at someone was because they don't have their lights on?? :(
Yes, but it can also mean that there is a speed trap you are about to come across. So next time you see someone on the other side of the highway flashing their high beams, slow down for the next few miles.
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Old 02-06-2014, 08:54 AM   #10
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Quote:
Originally Posted by unssafe View Post
hey now,

silverhawk i am going to call you out on this, what was your reason for pulling her over? why would you chew her ass for it, even if it was just a little bit? please give thought process for that.

thanks,
Silverhawk stated: "we have a similar statute here in DE, but can't say I have ever enforced it."
I would think this would have given him the grounds to pull her over. A warning ticket, regular ticket, or a talk would be up to him - like normal.
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Old 02-06-2014, 09:20 AM   #11
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hey now,

my line of thinking was that how could a traffic cop today not know that is free speech, it may be that he/she was just transferred to traffic or they did not take an oath to uphold the Constitution or whatever it maybe. then there was the chew her ass line which sounded more like revenge than a safety issue.

is there a place that i could look up that law?

thanks
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Old 02-06-2014, 09:23 AM   #12
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If there's a statute for it somewhere, it's an idiotic one.

I've used my headlight flash before when I would pass an accident on the other side of the road going around curves or over a hill. Anyone not paying attention could easily cause more problems. And if I didn't because it was against the law and I could be fined, would I be putting first responders at more risk because of some stupid anti-flash law?

At least one federal judge used some common sense on this one and thanks, Silverhawk for using good judgment in not enforcing such a useless part of the traffic laws in your jurisdiction.
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Old 02-06-2014, 09:29 AM   #13
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In the past I think STATE judges have made local rulings. This got up to a FEDERAL judge level.
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