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Author Topic: Flashing headlights/freedom of speech  (Read 22687 times)

Offline jworth

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Flashing headlights/freedom of speech
« on: October 13, 2011, 10:22:51 AM »
Anybody else read this?  Will be interesting to see what happens.

http://www.foxnews.com/us/2011/10/12/taking-liberties-bright-lights-big-trouble/

One guy suing the state of Florida because he was ticketed for flashing his headlights to warn other traffic of a speed trap.  The guy contends it's his freedom of speech to do so. 
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Offline Cholla

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Re: Flashing headlights/freedom of speech
« Reply #1 on: October 13, 2011, 11:10:08 AM »
He is not aiding people in breaking the law, he is getting people to slow down. The police are proving speed traps are not about safety but about revenue. And it could be argued the use of radar is a violation of the 4th, searching without cause. In TX radar has been outlawed for just that reason
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Offline timsatx

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Re: Flashing headlights/freedom of speech
« Reply #2 on: October 13, 2011, 11:19:45 AM »
Quote from: Cholla on October 13, 2011, 11:10:08 AM
In TX radar has been outlawed for just that reason

Maybe where you live, they do radar here constantly. I got nailed for it last month.
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Offline VirginiaJim

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Re: Flashing headlights/freedom of speech
« Reply #3 on: October 13, 2011, 11:20:52 AM »
I think it will be an interesting court case....
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Offline wally_games

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Re: Flashing headlights/freedom of speech
« Reply #4 on: October 13, 2011, 11:37:01 AM »
Quote from: Cholla on October 13, 2011, 11:10:08 AM
He is not aiding people in breaking the law, he is getting people to slow down. The police are proving speed traps are not about safety but about revenue. And it could be argued the use of radar is a violation of the 4th, searching without cause. In TX radar has been outlawed for just that reason

Not true and I'm sure there are some TX LEO's that will respond any minute.

I got a speeding ticket in my cage several months ago by a Ft. Worth police officer.

One of our crew got one on the bike from a county constable on our way to Utopia to eat breakfast before we headed off to the Three Twisted Sisters. (At least they let her pay off her $600 ticket with installments.)

Both were via radar, not laser.
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Offline stevewfl

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Re: Flashing headlights/freedom of speech
« Reply #5 on: October 13, 2011, 11:52:22 AM »
Quote from: VirginiaJim on October 13, 2011, 11:20:52 AM
I think it will be an interesting court case....

^^^^that. And the case is getting huge attention here in FL
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Offline timsatx

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Re: Flashing headlights/freedom of speech
« Reply #6 on: October 13, 2011, 01:15:56 PM »
Another thing, how did the Trooper know he was flashing his lights? I mean you usually do it after you have passed them so how would they know. I must have missed something.
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Offline VirginiaJim

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Re: Flashing headlights/freedom of speech
« Reply #7 on: October 13, 2011, 01:37:25 PM »
Some states allow this and some don't.  Virginia LEO's shouldn't ticket a person doing that here.
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Offline gonzosc1

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Re: Flashing headlights/freedom of speech
« Reply #8 on: October 13, 2011, 01:39:30 PM »
Quote from: wally_games on October 13, 2011, 11:37:01 AM
(At least they let her pay off her $600 ticket with installments.)

Both were via radar, not laser.

$600,,, what the hell was she doing to get a $600 ticket?
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Offline VirginiaJim

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Re: Flashing headlights/freedom of speech
« Reply #9 on: October 13, 2011, 01:49:09 PM »
+1
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Offline JetJock

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Re: Flashing headlights/freedom of speech
« Reply #10 on: October 13, 2011, 02:49:55 PM »
Quote from: gonzosc1 on October 13, 2011, 01:39:30 PM
$600,,, what the hell was she doing to get a $600 ticket?

My question too? How high was the front wheel off the pavement when they nailed her?
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Offline wally_games

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Re: Flashing headlights/freedom of speech
« Reply #11 on: October 13, 2011, 09:30:06 PM »
Quote from: gonzosc1 on October 13, 2011, 01:39:30 PM
$600,,, what the hell was she doing to get a $600 ticket?

Decided she didn't like being second, quick twist of the wrist, passed the leader by crossing the double yellow, 108 in a 65. Coulda gone to jail, but she was polite and respectful. He told her that the DPS were out in force that weekend and that she and her friends needed to be aware.
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Offline stevewfl

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Re: Flashing headlights/freedom of speech
« Reply #12 on: October 13, 2011, 09:51:42 PM »
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Offline Rick Hall

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Re: Flashing headlights/freedom of speech
« Reply #13 on: October 13, 2011, 11:35:59 PM »
Comrade:

Quote from: jworth on October 13, 2011, 10:22:51 AM
One guy suing the state of Florida because he was ticketed for flashing his headlights to warn other traffic of a speed trap.  The guy contends it's his freedom of speech to do so.

'Roud here I flash my lights for a variety of reasons. Living on a curvy road in the mountains, it's often to warn other drivers of junk on the road. Slow moving tractor, herd of big horn sheep licking salt off the road, fallen tree limb, minor rock slide...

Sad that we may be subject to a ticket for warning fellow drivers/riders of potential road hazards.... whatever it may be.

Rick
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Offline Cholla

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Re: Flashing headlights/freedom of speech
« Reply #14 on: October 14, 2011, 04:38:33 AM »
Quote from: wally_games on October 13, 2011, 11:37:01 AM
Not true and I'm sure there are some TX LEO's that will respond any minute.

I got a speeding ticket in my cage several months ago by a Ft. Worth police officer.

One of our crew got one on the bike from a county constable on our way to Utopia to eat breakfast before we headed off to the Three Twisted Sisters. (At least they let her pay off her $600 ticket with installments.)

Both were via radar, not laser.
just going by what a friend who lives in Plano told me.
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Offline VirginiaJim

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Re: Flashing headlights/freedom of speech
« Reply #15 on: October 14, 2011, 06:36:01 AM »
Playing Devil's advocate here....I don't flash my lights for LEO's using radar/laser/Vascar/stop watch/abacus for two reasons.  The person they stop may be convinced to slow down a bit, preventing something catestrophic from happening down the road.  Another reason is that the person they stop may be wanted for something and this is their ticket to jail.  I do flash my lights at oncoming traffic if there is a hidden issue around the corner like an accident or debris in the road.

Any law can be questioned about constitutionality by someone through the court system assuming time and money are available.  Headlight flashing for radar traps has been brought to the courts all over the country in different states with differing results.  I don't think that any of them made it to the Supreme court, though.

I still think it would be an interesting case to watch, though.
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Offline gPink

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Re: Flashing headlights/freedom of speech
« Reply #16 on: October 14, 2011, 06:39:59 AM »
Quote from: timsatx on October 13, 2011, 01:15:56 PM
Another thing, how did the Trooper know he was flashing his lights? I mean you usually do it after you have passed them so how would they know. I must have missed something.
What he said.
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Offline VirginiaJim

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Re: Flashing headlights/freedom of speech
« Reply #17 on: October 14, 2011, 07:11:45 AM »
Good point.  I did a little searching on the web for this and in some places the LEOs actually are staged to see if someone is going to flash their lights.  So they have another cruiser somewhere else facing the traffic.
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Offline gPink

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Re: Flashing headlights/freedom of speech
« Reply #18 on: October 14, 2011, 07:17:18 AM »
revenuers
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Offline VirginiaJim

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Re: Flashing headlights/freedom of speech
« Reply #19 on: October 14, 2011, 07:22:30 AM »
Or just frustrated the fish are getting away...
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