So, I recently got to read an article about a Missouri Driver who was cited for flashing his headlight to warn oncoming of a speed trap down the road. As is a common practice among motorist, this driver observed a Police Officer on the side of the road checking people's speed with a radar gun. The Driver decided to flash his headlights to oncoming traffic so they would be aware of the Police Officer and ideally would slow down (which is what the police want in the first place, right?). The same police officer ended up pulling this driver over and ticketed him under some obscure local law dealing with flashing lights on certain vehicles.
As is completely and totally appropriate, the Driver has filed suit against the city for violating his free speech rights. As his attorney explained in the article, his conduct of flashing his lights would be no different then stopping into a truck stop and mentioning it to other drivers. The Government is EXTREMELY limited in it's ability to infringe on an individuals' free speech. From the perspective of this Wake County Traffic Attorney, flashing his lights was a form of communication that the State has no justifiable reason to try and deter.
Apparently, this was not the first time an individual was ticketed for flashing his lights. There was a driver in Florida who filed suit in to 2011 for the same reason. Apparently, that case was dropped after that police force issued an order requiring their officers to not issue tickets for someone flashing their lights.
Certainly, it can be frustrating for the Police Officers, when they are attempting to conduct traffic safety patrols and their efforts are thwarted by the public communicating with each other; here's the problem with that position. 1. The Police have A LOT of advantages in their efforts of citing and apprehending individuals for traffic and/or criminal matters. The sheer wealth of knowledge they have with regards to investigating and the requirements to meet standards of proof put the general public at an extreme disadvantage, let alone all of the technology, research, etc. they have at their disposal. 2. A driver flashing their lights hopefully has the effect of causing drivers to slow down, and isn't that really the reason for the police presence on the road in the first place (at least, one of the reasons). Unless, of course, it could be to issue tickets and generate revenue, but certainly that's not the case.
Honestly, all joking aside, this action by the police is disturbing. There was no good reason for the police officer to pull this driver over and issue a ticket. Their conduct, in no way, jeopardized other drivers, and did no violate any laws. The only logical conclusion was to punish this driver, and deter others from the same conduct.
If you are in need of a Wake County Traffic Attorney, the Matheson Law Office would be happy to discuss your case with you and provide you with a Free Consultation. Contact us at 919-335-5291 and we'll go over your case with you.
