I`m a LEO here in VA and I have written that ticket several times and will continue to write for it. Most of the time its when I come upon an area where another LEO in running radar and I get flashed by the people trying to warn me. VA law states that the only vehicles that are allowed to have flashing headlights are law enforcement and Marked Fire/Rescue vehicles. I`ve had people to tell me that that they weren`t flashing their lights when I clearly saw them. I then tell them that since they weren`t flashing them, there`s obviously a mechanical problem with their wiring or switch causing them to flash. Then I write them a defective equipment ticket also and tell them to take it to a shop to get it repaired and bring proof to court. Its funny how most of them headlights ONLY seem to flash on their own right after the pass a Police car running radar.
Also Cholla, how is running Radar an Unlawful search?? Never heard that one before
It's the same thing I guess. Some of these statutes don't specify headlight flashing, head patting, arm waving, nose picking as far as what's considered interference with a LEO. If they want to stop you for warning (using any technique) oncoming drivers they can do what they want regarding writing a ticket. It's then up to the courts to decide whether or not it's a valid stop/ticket whatever. You can stomp up and down and yell at the Gods it ain't right, but it still comes down to what the courts decide in interpreting the law in the end. Oh, and having a very good lawyer helps as well.
hmmmmm.... very interesting interpretation of the statute.... as a Virginia resident, and avid motorcyclist, I hope never to meet you on the road, lest we all will be in court with Tom McGrath, Va. motorcycle lawyer, and get "things" clarified....."
I do believe the law is regarding "alternatly" (i.e. left/right) flashing headlights, and I know that headlight modulators here in Va ARE legal...any difference?
Motorcycles may be equipped with means of modulating the high beam of their headlights between high and low beam at a rate of 200 to 280 flashes per minute. Such headlights shall not be so modulated during periods when headlights would ordinarily be required to be lighted under § 46.2-1030.
also...ever ticket someone for tail light flashing???
Comment: Our office has in the past received calls from motorcyclists who were pulled over due to the fact that they have a modulating headlight. Modulating headlights are legal in Virginia so long as they comply with this statute. As of July 1, 2009 modulating brake lights are legal in Virginia as well so long as they do not modulate for a period exceeding 5 seconds, which most do not.
Turning light off/on I would construe as a "warning", but flashing from low to high beam on a vehical that always is running lights (cannot turn off) is a stretch of the law again, anyone can issue a "road warning", a greting to a person you know", a "highbeam flash" to alert a motorist you intend to pass, or simply because you wish to flash them. I would gladly challenge that in court, the trouble is that the fine is not commensurate with the costs and effort someone would incurr attempting to fight it. Apathetic aquiessence in effect.
so I think daytime flashing is ok....but flashing at night is another thing...illegal?
sad to hear someone would actually slap a ticket for that reason.... bad cop...no donut.
http://www.motorcyclevirginia.com/statutes.aspx
http://www.motorcyclevirginia.com/home.aspx
I`m a LEO here in VA and I have written that ticket several times and will continue to write for it. Most of the time its when I come upon an area where another LEO in running radar and I get flashed by the people trying to warn me. VA law states that the only vehicles that are allowed to have flashing headlights are law enforcement and Marked Fire/Rescue vehicles.
I`ve had people to tell me that that they weren`t flashing their lights when I clearly saw them. I then tell them that since they weren`t flashing them, there`s obviously a mechanical problem with their wiring or switch causing them to flash. Then I write them a defective equipment ticket also and tell them to take it to a shop to get it repaired and bring proof to court. Its funny how most of them headlights ONLY seem to flash on their own right after the pass a Police car running radar.
Also Cholla, how is running Radar an Unlawful search?? Never heard that one before
While I don't flash my headlights as was stated above, everything I've read concerning VA law on this says it's not illegal.
Here's one article that I've found...
http://www2.staffordcountysun.com/news/2009/jul/21/blankenship_ok_to_warn_of_speed_traps_ahead-ar-292281/
You can and will interpret the law as you see fit. Nothing wrong with that for the most part, it's gray areas where you may be interpreting a little differently than I would. That's why we have lawyers and courts to decide such matters.
I can certainly understand how you would feel about the matter, though.
Excellent post. It's all up to interpretation. Thats what the courts are for. Regardless what's happens in court, whether is upheld or dismissed, I'll continue to write tickets for it, even if its to same person 10 mins later for commiting the same offense. Each situation is different.
46.2-1029.1. Flashing of headlights on certain vehicles.
Emergency vehicles as defined in subsection C of § 46.2-920 may be equipped with the means to flash their headlights when their warning lights are activated if (i) the headlights are wired to allow either the high beam or low beam to flash, but not both, and (ii) the headlight system includes a switch or device which prevents flashing of headlights when headlights are required to be lighted under § 46.2-1030
According to your interpretation, all motor vehicles with a headlight switch are illegal, as the statute states it's illegal to have the means to flash headlights except for emergency vehicles. So you had best start pulling over every car and truck, whether they are flashing lights or not, to write them a ticket, as virtually all cars and trucks do have an on/off switch. That is why it's bogus for you to write those BS tickets, and either force a day in court, or just pay out money that most people work hard to earn. It comes back to that respect/resentment issue.
I'm thinkin' it's mostly an ego thing**********************
So keep on writing those BS tickets, cuz you apparently have the power to basically harass. It just lowers the public opinion of police another few notches for each one you write. And shows a lot about what kind of person you have turned out to be.
My .02.
The code section is from the Code of Virginia and not my interpretation. The code section applies to Emergency Vehicles ONLY and in case you live in a box somewhere, you`ve have to had noticed that police cars, fire trucks, Rescue Squad vehicles have their headlights flashing when their red/blue lights are on. This is not magic by no means. These vehicles are equipped with a special mechanical device to make their lights flash this way. Ordinary off the lot vehicles do not have this device. However, any person, in any vehicle, Not Motorcycle, can make their lights flash in this manner. This is when the violation of law occurs. The operator is to blame and not the cars fault.