Is flashing your car’s headlights protected by the First Amendment?

[gotbeer]

Is flashing your car’s headlights protected by the First Amendment?

 

Hope he wins.  

[arch stanton]

They weren't pissed that he was obstructing justice. They were pissed that he was obstructing a revenue source. They probably have a quota to fill before they can abandon their trap.

[Mudville]

I wonder if you could get a citation for aiding and abetting if you waved someone around to pass you and they got a ticket for speeding?

[katie]

Why not just be happy with having your ticket dropped?

[Mudville]

Why not just be happy with a cheeseburger but no fries and a drink?

[Glen]

Why not just be happy with having your ticket dropped?

 

 

Because **** the police.

[Kenny]

Shoot.  That can happen?  I sometimes accidentally flash my lights when I am putting on the blinker, the switch is very sensitive.

 

Should this be protected under the first amendment?  That's a good question.  Since we're not talking about any serious crimes here, I'm going to say yes.  It's not like this guy was warning a murderer that the police was going to break down the door.

 

All the same, I'd rather people who are going too fast (the ones going 15-20 mph faster than the limit) would get tickets.  They usually drive like d-bags anyway.

[deepdrive]

Shoot.  That can happen?  I sometimes accidentally flash my lights when I am putting on the blinker, the switch is very sensitive.

 

Should this be protected under the first amendment?  That's a good question.  Since we're not talking about any serious crimes here, I'm going to say yes.  It's not like this guy was warning a murderer that the police was going to break down the door.

 

All the same, I'd rather people who are going too fast (the ones going 15-20 mph faster than the limit) would get tickets.  They usually drive like d-bags anyway.

 

Which, if you follow the logic, he would be arrested for on the grounds that he prevented the police from arresting someone for murder.

[LBHalos17]

I think it's silly to try to prosecute the guy for flashing his lights.  The obstruction idea is from cases where a "lookout" is signaling his fellow criminals that the Police are approaching (most commonly on blocks where the drug-dealers are.  Their lookouts whistle and hop on their cellphones).  Even those are not really worthwhile to try in Court though.

 

How would you prove the guy's intent for flashing his brights?  Let alone, if the oncoming traffic understood the communication?!  Trivial, and should be dropped.

[Socaliente]

In California this is illegal. The only time you can flash is to pass a car on the left (when there is no way to pass on the right) and to warn other drivers about accidents or road hazards. Police stopped with radar does not count as a hazard. I wouldnt arrest or cite for obstruction, but every time he did it Id write a ticket for breaking the vehicle code. I'm sure he would get the point after a couple hundred dollars.

[Vernster52]

In California this is illegal. The only time you can flash is to pass a car on the left (when there is no way to pass on the right) and to warn other drivers about accidents or road hazards. Police stopped with radar does not count as a hazard. I wouldnt arrest or cite for obstruction, but every time he did it Id write a ticket for breaking the vehicle code. I'm sure he would get the point after a couple hundred dollars.

So you can't flash someone who's coming at you with their brights on?

[Socaliente]

So you can't flash someone who's coming at you with their brights on?

Per the Vechicle Code no youre not suppose to. Its common practice and I'd be shocked to see a ticket for it, but as written that is not a listed emergency warranting use of flashing headlights.

[gotbeer]

So you can't flash someone when they are just sitting at green light, searching their car for their phone that they need to answer?  

 

Or when they are driving without their headlights on at night?

[tdawg87]

Speed traps are lame, but I literally could not care less if the asshole driving 15 over the speed limit passing by me gets pulled over. I never flash my lights in that regard.

If there's an accident up ahead that's a different story.