LEGAL Warning Other Drivers Of Speed Traps Is Constitutionally Protected Free Speech

Warning Other Drivers Of Speed Traps Is Constitutionally Protected Free Speech

Driver in Florida can't be cited for using his lights to communicate

AOL Original Content Posted: May 24, 2012
| By: AOL Autos Staff



A judge in Florida ruled on Tuesday that flashing one's headlights to warn other drivers of speed traps set by police is protected by the First Amendment.

Ryan Kintner of Lake Mary, Fla. was pulled over and cited by a police officer in an unmarked car for doing just that. Kintner was at home when he saw a deputy park along a street and being using his radar gun. He got in his car, drove a little ways away and parked his vehicle so he could flash his lights at oncoming traffic to warn them.

He was stopped shortly after doing so and fined $166 for "improper flashing of lights."

Kintner, however, was not going down without a fight. He took his case to court, suing the Seminole County Sheriff's Office, with Attorney J. Marcus Jones arguing that "You're completely in your rights to flash your headlights. Flashing your headlights is expressive conduct protected by the First Amendment. By issuing a citation, monetary fine for that conduct you've breached the First Amendment rights."

The judge agreed that the officer misapplied a law meant to ban motorists from flashing after-market emergency lights and ruled that the law does not apply to people using headlights as a form of communication. Thus, the court decided, citing Kintner was, in fact, a violation of one of his Constitutionally-protected rights.

Jones has filed a similar suit in Tallahassee aimed at the entire Florida Highway Patrol, which has agreed to stop citing drivers for flashing their headlights until litigation is complete.

"This stuff is fun," said Jones after Tuesday's hearing.

http://autos.aol.com/article/warnin...ct/?ncid=txtlnkusaolp00000058?test=latestnews

Florida has these cases come up once every few years when some cop gets all butthurt because his speedtrap is suddenly non-productive. And each time it comes up the police department loses because there is no law forbidding signalling the presence of a law enforcement officer, nor is there any law that can be called upon to back up a citation for "improper flashing of lights."

I had this happen a few tears back. A local town marshal pulled me over after I passed his radar trap. He was a young officer and he got all worked up over it. He let me off with a verbal warning that seemed to satisfy his power trip. I spent some time looking for an Indiana law about this with no results. My wife talked to her friend's husband who is a cop, he said it is against the law but he offered no more info. I figure the officer was venting on me. I didn't really pursue the matter as it didn't cost me any money.

"Yes, Your Honor...I was flashing my lights in order to warn oncoming motorists that there were emergency vehicles ahead, namely, a police unit, and that they should exercise caution while passing through that area. Just doing my part to promote public safety, Your Honor. I wouldn't want this fine young officer to come to any harm at the hands of some heedless motorist speeding through the area when it was within my power to prevent such a calamity from occurring."

I am waiting to get a ticket for no seat belt.

if you are over 21 or 18, i'm not sure, you are considered an adult and do not have to wear a helmet while riding a motorcycle.

why, as an adult, do I have to have the police state tell me that I have to be tri-bolted into my car.

it is uncomfortable and at 35 and 45 MPH, i should be able to make my own decision.

I have always flashed my lights as a warning to oncoming traffic for speed traps, wrecks, approaching hazards, etc. Just trying to do my part as a "Flasher".

A couple of years ago a man who lived along Rt. 13 (major N-S road in DE) put a sign in his front yard warning southbound motorist of the speed trap ahead. Locals knew it was there but he was warning other motorist about the speed trap. Local police confronted him telling him "he was obstructing justice", he kept it up and was arrested. Goes all the way to the DE supreme court and the town lost. Sign is still there and now the cops have the trap set up on the northbound side.
The town is Felton and it is south of Dover.

Rippled said:

I have always flashed my lights as a warning to oncoming traffic for speed traps, wrecks, approaching hazards, etc. Just trying to do my part as a "Flasher".

Click to expand...

I have always done it too. I've never been pulled over for it though.

If the goal of the "speed trap" is to cause drivers to slow down to a safe speed then having other drivers flashing lights to warn drivers to slow down accomplishes that goal. What's the problem?

If on the other hand the goal of the "speed trap" is bring revenue in to the citation issuing governmental entities then I can see why cops don't like headlight flashers.

I thought government entities worked for us, the body politic, the people, the public. I did not realize their job was to milk us like money cows.