Blogs » Demographics & Dockets » Motorist receives ticket for flashing headlights to alert passing motorists of law enforcement speed trap

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Flashing your headlights to warn approaching motorists of speed traps is something most courteous drivers have done at some point while behind the wheel.

Before I even got my learner’s permit, I remember asking my parents why someone heading in the opposite direction would flash their lights at us for what seemed to be no apparent reason.

It was then that I learned these other drivers were just nicely letting us know that we needed to be on our driving P’s and Q’s because law enforcement was up ahead.

To me, headlight flashing ranks right on up there with the driving etiquette of waving your hand and mouthing the words “Thank you” if someone lets you cut in front of them or “Sorry” if you accidentally cut someone off.

In a society that has seemingly traded these courteous driving tidbits for outrageous acts of road rage, it is definitely a rarity to get these nice gestures.

I know on my many travels to and from Houston on U.S. Highway 59, I find myself caught off guard at times that someone would be nice enough to try and save me from getting a speeding ticket by simply clicking their lights on and off.

It’s crazy to think someone could be ticketed for it.

But that’s exactly the subject of a heated debate brewing in Florida.

Erich Campbell, a student at St. Petersburg College’s Tarpon Springs campus, was driving his Toyota Tundra pickup on the Veterans Expressway in Tampa on a Monday night, Dec. 7, 2009, when he spotted two black-and-tan state trooper cruisers parked in the median.

When he saw them, he said, he flashed his headlights on and off a few times to alert motorists headed in the opposite direction.

The Florida Highway Patrol didn’t appreciate the help.

The troopers pulled Campbell over and ticketed him, citing the illegality of flashing his lights.

Claiming no such law exists, Campbell, 38, has filed a lawsuit on behalf of every other driver in Florida ticketed for the same violation over the past six years, accusing police of misinterpreting state law and violating motorists’ free speech rights.

Campbell and his attorney, J. Marc Jones of Oviedo, say police are misinterpreting a law that’s meant to ban drivers from having strobe lights in their cars or official-looking blue police lights.

Soon after Campbell sued the state, the Highway Patrol on Aug. 29 ordered all troopers to stop issuing tickets to motorists who use headlights as a signal to other drivers.

The lawsuit estimates that 2,400 motorists in Florida were cited for headlight-flashing between 2005 and 2010. It asks a circuit judge to certify the case as a class action on behalf of those other motorists, which means that if the state loses, it could be forced to return a lot of money.

Florida is not the only state that basically says being helpful to your fellow drivers is against the law.

In Alaska, a State Trooper has probable cause to stop a driver who flashes a vehicle’s high beams based upon a violation of 13 AAC 04.020(e)(1).

In Pennsylvania, the Supreme Court of Pennsylvania has ruled that flashing one's high beams during the day to warn of speed traps is legal.

Meanwhile, in Arizona, flashing high beams or headlights is a violation of A.R.S. Section 28-942.1 (Failure to Dim Headlights).

In Texas, it is NOT illegal, according to The Texas Transportation Code, Title 7 Vehicles and Traffic, Subtitle C Rules of the Road, Chapter 547 Vehicles and Equipment.

According to this law, drivers are required to have two operating headlights on their vehicle, and one on each side of the front of the vehicle.

Texas law states when headlights must be used, but it does not state when they must NOT be used.

Also Texas does not have any traffic laws that make flashing one’s headlights to warn oncoming vehicles that a police vehicle is nearby illegal.

The flashing of headlights serves many purposes. It may warn of other "dangers" like motor vehicle accidents or an animal in the roadway. Flashing headlights is a non-verbal method for communicating with other drivers. It may mean, "Dim your bright lights," "I’m about to pass you," or "There’s a speed trap ahead."

Do you flash your headlights to warn of upcoming speed traps?

Why or why not?


Comments


  • writein, I know that seems logical to you, but in the eyes of law enforcement, unfortunately, that just won't fly. Flashing lights in a vehicle does not fall under the umbrella of the first amendment, although I do see your point.

    September 17, 2011 at 5:04 a.m.

  • Sugar.

    If I am “warning” passing motorists by blinking my head lights, then wouldn’t that mean I am commutating with the other car? By commutating, does that means I am speaking?

    September 16, 2011 at 6:42 p.m.

  • I do not flash my lights. Reason, Why would I want to eliminate the possibility of them going the other way!

    Speed traps are just that. A significant speed limit drop within a few miles and cops sitting there waiting for anyone going over the limit 1 MPH...I would say that is low.

    I was stopped in Refugio for going what I thought was the speed limit. I could clearly see the sign ahead 65 MPH, however, I had not crossed the point where the sign was so I received a warning. Makes you wonder...

    September 14, 2011 at 10:24 a.m.

  • Interesting, I can't see what it has to do with the first amendment but the fourth amendment and the 14th amendment might apply.

    Back in the days of CB radios, I used to flash my lights with intent of warning those approaching a police checkpoint. I wasn't a speeder per say but those small MPH signs have shown me going over the speed limit by 3 or 4 MPH. I always like to know what's ahead ,whether it's a auto accident or a police officer on the side of the road using radar.

    I don't flash my lights anymore, I use cruise control, don't speed, but when I see lights flashing from cars coming in the opposite direction, I usually check my speedometer because sometimes I forget to reset the cruise control after I stop somewhere. I don't want to be stopped for any reason.

    September 14, 2011 at 9:55 a.m.

  • writein - how exactly does "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" relate to obstruction of justice and the subject at hand? Nowhere in the first amendment do I see freedom from a motorist being stopped, and given a ticket, if he or she is found to be breaking the law, nor is that in anyway implied.

    I would like to remind you of the tenth amendment, though: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

    September 14, 2011 at 8:12 a.m.

  • Sugar.

    There is a fine line between obstruction of justice and the first amendment.

    September 14, 2011 at 12:16 a.m.

  • I ask my husband why he flashes his lights. The golden rule. We all need a little help from time to time.

    September 13, 2011 at 10:38 p.m.

  • Another good reason for me not wanting to go to Florida

    September 13, 2011 at 6:10 p.m.

  • Flash everybody cop or no cop so they slow down!

    September 13, 2011 at 5:18 p.m.

  • There may not be a law against flashing one's lights, but there is something called "obstruction of justice" and I do believe flashing your lights at another driver to warn of nearby law enforcement would fall under this definition. Now, how the law would be able to prove the intention of your flashing lights is anybody's guess (to warn motorists of LE as opposed to, say, let a trucker know he has cleared a vehicle).

    I would recommend anybody who does this or is thinking of doing so to reconsider. If somebody is breaking the law, then they should be held responsible for their actions. In other words, they're on their own. I disagree with it being labeled a "courtesy" from one driver to another. It is, for all intents and purposes, used to help somebody circumvent the law.

    These "speed traps" as you call them are set up for a reason, and that is to hold accountable those who would break the law. Also, the pure presence of a law enforcement vehicle serves as a reminder to always be conscious of safety first by making people look at their speedometer and watch their speed.

    September 13, 2011 at 5:01 p.m.

  • I do not flash my light's for a head's up about law enforcement either, because most people(NOT ALL) that are speeding are reckless driver's anyway and deserve a ticket. If these kind of driver's got the ticket's they deserve, the road's/hwy's would be just a little bit safer place with a lot less roadrage.

    September 13, 2011 at 4:45 p.m.

  • I agree with tinstar. After all, this IS south texas. Its not like we have drug runners driving up and down the highway. Might as well help the cartels move inventory, right? Amber alerts, kidnappers, felons, hey everybody deserves to be warned of a ticket potential.

    It amazes me how people have "no idea" of whats running down the road. But yet these are the same people that will gripe about drugs and crime, and how enough isnt being done.

    September 13, 2011 at 4:36 p.m.

  • I'll flash to help a truck pass or when I stop short so a truck can swing for a turn. I don't for a heads up about police. I figure if you are going to speed, you assume the risk. Back when I know someone ticketed for flashing their lights. Ticket was written for something like using highbeams to close to another car. Just to be safe I don't flash highbeams, just turn my lights on and off. Less blinding at night too.

    September 13, 2011 at 3:50 p.m.

  • I think its a good idea to warn other drivers were the cops are. It works best when there is an Amber Alert issued for a missing child. Its always helpful to the let the bad guys know where the popo are.

    September 13, 2011 at 2:45 p.m.

  • I was driving through La Ward early this year in the dark. Car flashed lights at me from the opposite direction which was then shortly followed by the flashing lights of a hidden police cruiser. Poor guy got pulled over.

    September 13, 2011 at 2:36 p.m.