Flashing headlights to warn other motorists of a speed trap is legal

[Old Crazy]

I got pulled over for flashing my headlights to warn another driver about a police car hiding behind a sign. The cop that pulled me over was so angry he was literally foaming at the mouth as he screamed and cursed at me. He told me that flashing your headlights is illegal and he could arrest me for interfering with a police investigation, impound my car and write me a ticket for having faulty headlights. After ten minutes of scolding me about "not letting him do his job," he handed me back my documents with a warning notice and told me that he would be looking for me every day and if he caught me going one mile over the speed limit he was going to write me a ticket.

I didn't believe his interpretation of the law was correct, but it's generally not a good idea to debate an angry cop at your car window about the law, so I didn't challenge him. Had he issued me a ticket or arrested me I would have most definitely challenged him in court.

As I suspected, this cop was wrong. A Federal Judge has ruled that flashing your headlights at other vehicles to warn them of a speed trap is protected First Amendment speech.

http://www.stltoday.com/news/local/...cle_a6d677f1-baf3-5347-bf25-503520dca8cf.html

 

[gtm]

To be fair, the federal judge made a ruling that only applies to the judicial district in which he sits - so it's not really binding on New Jersey residents. That said, it appears as if the NJ courts long ago settled this issue and ruled that flashing your lights to warn of a police presence is not an improper use of your headlights, and is therefore perfectly legal.

 

[ecampbell]

You should have recorded the encounter and put it on YouTube, even if it's just audio. I think I am going to get a dash cam. I have video on my trailer but it doesn't record, time for an upgrade.

 

[DeepXplor]

I bought a dash cam from Amazon for 25 bucks, and I bought a 32 gig SD card to go with it. I have been having fun with it not only as a dash cam, but as a wildlife cam in the back yard.

 

[46er]

That said, it appears as if the NJ courts long ago settled this issue and ruled that flashing your lights to warn of a police presence is not an improper use of your headlights, and is therefore perfectly legal.

It has been legal since 1999.

In New Jersey, drivers are allowed to flash their headlights to warn approaching drivers about a speed trap ahead.[34] In 1999, The Superior Court of New Jersey Appellate Division held that a statute limiting how far high beams may project is not violated when a motorist flashes his or her high beams to warn oncoming motorists of radar. The Court also concluded that a stop by a police officer based upon high beam flashing is also improper.[35]

http://www.nytimes.com/1999/08/01/nyregion/drivers-allowed-to-flash-speed-trap-alerts.html

http://www.dpdlaw.com/Luptak.PDF

 

[gtm]

It has been legal since 1999.

That Luptak case is what I was referring to.

 

[this_is_nascar]

While I generally respect the police and what they do, this cop sounds like a real prick. One of those cops that are power hungry, etc. It's really a pity you don't have this recorded. I'd make a big deal out it if I did. There's no excuse for his action and reaction.

 

[cudgel]