VICTORY: Driver wins legal battle over flashing lights to warn other drivers of speed trap

[.LSinLV.]

http://articles.orlandosentinel.com/...ech-headlights

Sanford judge rules in favor of motorist who flashed his headlights
By Rene Stutzman, Orlando Sentinel


6:33 p.m. EST, May 22, 2012

A judge in Sanford ruled Tuesday that a Lake Mary man was lawfully exercising his First Amendment rights when he flashed his headlights to warn neighbors that a deputy had set up a speed trap nearby.

That decision is another victory for Ryan Kintner, 25, who sued theSeminole County Sheriff's Officelast year, accusing it of misconstruing a state law and violating his civil rights, principally his right to free speech.

[Der Schaltwerks]

>fast courtesy post<

[zaYG]

[gizmopop]

Florida...

[stevegolf]

I wish more people did this. There should be a PSA or something

[xombiesarelove]

That's why I was always hesitant to do that . Never wanted the cop to come hassle me.

[.LSinLV.]

That's why I was always hesitant to do that . Never wanted the cop to come hassle me.

gov't should be afraid of it's citizens, not the other way around.

[JOHNS92JETTA]

Happend to the host of Motoring TV a few years ago.

http://toronto.ctv.ca/servlet/an/loc...ub=TorontoHome

Toronto man is upset he was ticketed for flashing his headlights to tip off oncoming drivers of a radar speed trap, especially since police admit the act is not illegal.

Brad Diamond was recently driving in the city's east end when he noticed a speed trap nailing drivers heading in the other direction. After he flashed his high beams to warn oncoming vehicles, a police officer pulled him over.

"I said, 'I wasn't speeding,' and he said, 'You were flicking your lights,'" Diamond, producer of TSN's Motoring 2008, told CTV Toronto.

"I said, 'So? What's the problem?' and he said, 'It's against the law.'"

Diamond was fined $110 for the "prohibited use of high beams contrary to the Highway Traffic Act section 169 (2)," his ticket read.

The section actually reads "No person shall use highbeam headlamps that produce alternating flashes of white light on any vehicle other than a vehicle referred to in subsection 1 (emergency vehicles)."

Diamond went to court to fight the ticket. On his second appearance, the prosecutor withdrew the charge, saying police had no evidence.

Sgt. Brian Bowman isn't sure why the officer laid the charge because the act isn't illegal.

"There is no law against warning about police operating a radar location," he told CTV Toronto.

Bowman said even flashing your lights at other drivers isn't necessarily a bad thing. "If a motorist is warning another motorist to slow down, really, we're on the same team, so I don't find that problematic," he said.

A police superintendent told CTV Toronto no officer should be issuing tickets for this act, but until the service receives a formal complaint, no investigation will be launched.

Diamond, meanwhile, is still upset because he saw other drivers in court charged with the same offence. He said the ordeal cost him both time and money.

"Our officers should be out there in their cruisers serving and protecting, rather than, in this case, harassing and fleecing Torontonians," he said.

[rich!]

nice... though i noticed outside the midwest this friendly driver tact is not practiced as much.

[KeatGLX]

Our rights at work

[compy222]

win.

[Cooper]

A friend in law school years ago showed me the statute the police cite in CT for "misuse of lights" when issuing a ticket. The statute is against people putting police or fire-style light bars on their cars. It has nothing to do with flashing lights for a speed trap. If fought, the case will be thrown out.

[Gaki]

[Roadkilled78]

Happend to the host of Motoring TV a few years ago.

The section actually reads "No person shall use highbeam headlamps that produce alternating flashes of white light on any vehicle other than a vehicle referred to in subsection 1 (emergency vehicles)."

Diamond went to court to fight the ticket. On his second appearance, the prosecutor withdrew the charge, saying police had no evidence.

http://toronto.ctv.ca/servlet/an/loc...ub=TorontoHome

Lack of evidence? Great. But how about the fact that the law is prohibiting alternating lights (wig-wags, it is?) like you see on emergency vehicles? Not simply flashing the high beams, which is both lights simultaneously.

[strskatr05]

I flash my lights on occasion to warn people. I will be doing it way more often now.

[VegasJetta]

"what do you mean, officer? The guy coming towards me in the other lane had his high beams on, so I flashed mine to let him know"

[bubbagti]

I had the officer that taught the traffic school I attended encourage the class to flash their lights when they recognize a speed trap.

[hrama803]

I used to warn people.

Now I don't care.

[Hostile]

I had the officer that taught the traffic school I attended encourage the class to flash their lights when they recognize a speed trap.

Which they should, if the real goal of the speed trap is for getting people to slow down and not just as a source of revenue generation.

[deucestudios]

I always flash high beams to inform oncoming drivers there is a reason to slow down, be it an animal in the street, an accident, or a radar trap.

[gdown]

There was a case exactly like this in Franklin, TN several years ago. I am surprised that it is not common knowledge in the LE community.

http://www.foxnews.com/story/0,2933,102649,00.html

^ see the story third down on that link.

[Seabird]

I got pulled over and hassled for it by a state trooper. He never mentioned the flashing beams, but he must have been working tandem with another trooper and saw me doing it. I was warning on-coming traffic about the guy in the median when another cruiser rushed up to my rear-left blind spot and shadowed me for about two miles. He finally hit his strobes and pulled me over. I was cited for no front plate.

That's fine, I know that I take my chances by not wearing a plate on the front bumper. Just warning everyone that legal or not, if they see you doing something they don't like, you'd better make sure that all of your other 't's are crossed and your 'i's are dotted because they'll find another way to screw with you.

I got the ticket dismissed but it was kind of a pain.

[leaftye]

[ed rooney]

I'll hit the brites now and then most of the time the guy going the other way does'nt slow down...Dumbass deserves to be caught

[turbinepowered]

I always flash high beams to inform oncoming drivers there is a reason to slow down, be it an animal in the street, an accident, or a radar trap.

This, but since I'm on the bike I'm sure half the time people ignore me anyway.

[vdubbed81]

I wish more people did this. There should be a PSA or something

I always flash my lights alerting oncoming drivers. I assume most of them have no idea what I'm doing.

[Tinker Toy]

Truckers with CB radios have been doing this for years with no problem from the smokies. There is verbal and visual communication (speech) and several more forms of it, all protected more or less by the U.S. Constitution's first amendment I expect.

Any cop with more than a half an ounce of brain cells will understand that anything that extends his sphere of influence is helpful to his purpose for being employed unless he really does want to generate revenue.

[Mk1Racer]

I always flash high beams to inform oncoming drivers there is a reason to slow down, be it an animal in the street, an accident, or a radar trap.

This.

Several years ago I got a ticket for doing just this. In the NJ driving manual, one of the things it says you should do when about to overtake a car, is flash your lights. When I went to court, that's exactly what I said I was doing. I said that after flashing my lights, I decided not to pass the car in front of me, because there was a car coming in the other direction. The judge dismissed the case.

[gruppe-b]

nice!
i always wait to flash my lights until i'm out of the police's field of vision.they seem to watch you to see if you warn others

[seymore15074]

I flash my lights on occasion to warn people. I will be doing it way more often now.

[Tornado2dr]

This, but since I'm on the bike I'm sure half the time people ignore me anyway.

I generally ignore people, because I normally am not speeding enough to care in known trap areas...but bikes I ignore altogether because of "safety" features that people keep adding to their bikes:

I've recently grown tired of the "wigwag" feature some two wheelerss have affixed to their headlights. Mostly harley/cruiser riders...but goddamn it is aggravating if they are behind you.


As an aside, I DO like a few taillights I have seen - looks like swapped-in LED units that, after the brake has been applied for a few seconds, has the outer portion blink even brighter...bike taillights can be difficult, even when you are really looking for them.

[turbinepowered]

I generally ignore people, because I normally am not speeding enough to care in known trap areas...but bikes I ignore altogether because of "safety" features that people keep adding to their bikes:

I've recently grown tired of the "wigwag" feature some two wheelerss have affixed to their headlights. Mostly harley/cruiser riders...but goddamn it is aggravating if they are behind you.

I'm with you, I can't stand pulsing headlights. Stuff in front of me isn't the problem, in my experience, it's people behind and to the sides, so no high beam during the day, no pulser, none of that crap. Everything in front of me I can watch with my own eyes without annoying the hell out of everyone around me. (which is also why I don't like loud-ass pipes Those piss me off)

As an aside, I DO like a few taillights I have seen - looks like swapped-in LED units that, after the brake has been applied for a few seconds, has the outer portion blink even brighter...bike taillights can be difficult, even when you are really looking for them.

This sounds awesome, I need to look into this!

[Tornado2dr]

This sounds awesome, I need to look into this!

I've seen a lot on sportbikes/enduro styles, and I;ve just begun to see them on heavys (harleys and other big cruisers)... I don't have my M endorsement anymore, but from a "cager" in a truck, suv, or car - i think they are a good idea

[Aonarch]

Win. People in GA do it all the time, me included.

[dubraycer36]

I'll be honest.
I don't like writing tickets, it wastes too much valuable coffee and doughnut time.
But seriously, going to court for every BS ticket that gets written, wastes time that we could be doing our job.
Flash your lights, I have more important things to worry about.