It's About Liberty: A Conservative Forum
Topics => The Police State => Topic started by: oldcoastie6468 on February 06, 2014, 08:43:14 AM
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Federal judge rules drivers allowed to flash headlights to warn of speed traps
Published February 05, 2014
A federal judge in Missouri ruled this week held that drivers have a First Amendment right to flash their headlights to warn other motorists of nearby police and speed traps.
The order by U.S. District Judge Henry E. Autrey in St. Louis on Monday stems from a lawsuit filed by Ellisville resident Michael Elli. In 2012, Elli flashed his headlights to warn oncoming vehicles of a radar set up by police in the town of Ellisville.
A flash of headlights is a common way motorists communicate to oncoming drivers of either a dangerous situation or the presence of police — in essence, a warning to slow down.
An officer saw the flash and pulled over Elli, who could have faced a fine of up to $1,000 if convicted. Elli, was accused of "[f]lashing lights on certain vehicles . . . warning of RADAR ahead," according to court papers obtained by The Wall Street Journal.
He faced a fine up to $1,000 in addition to points on his license, according to the report.
The city later dropped the charge, but the American Civil Liberties Union sued on Elli's behalf anyway, claiming the arrest violated his First Amendment right to free speech.
Ellisville City Attorney George Restovich said the city changed the policy after the case went to court and no longer pulls over people for flashing headlights.
http://www.foxnews.com/politics/2014/02/05/federal-judge-rules-drivers-allowed-to-warn-other-motorists-speed-traps/?cmpid=cmty_twitter_fn (http://www.foxnews.com/politics/2014/02/05/federal-judge-rules-drivers-allowed-to-warn-other-motorists-speed-traps/?cmpid=cmty_twitter_fn)
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I'd be curious to know if "[f]lashing lights on certain vehicles . . . warning of RADAR ahead," was a statutory violation, or just something that pissed a cop off.
The article says the police department changed the policy, but it doesn't say if the act of light-flashing was ever against the law in the first place.
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I've never heard of flashing lights being illegal.
And I've tried to warn people while on my cycle...all I could think of was to stretch out all my fingers and close them into a fist repeatedly to simulating "flashing"...I don't know if people got it or not or just thought I was stretching tired digits or just being weird...
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I've never heard of flashing lights being illegal.
And I've tried to warn people while on my cycle...all I could think of was to stretch out all my fingers and close them into a fist repeatedly to simulating "flashing"...I don't know if people got it or not or just thought I was stretching tired digits or just being weird...
Well, there is that option. ::exitstageleft::
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Of course this ruling will not make its way to cops that are pissed off by light flashing. So they will continue to harass those that do it.
Frankly speed traps should be illegal. Its not like it's hard to find motorists in need a moving violation. We also need to disconnect the fines from going to the department. It only invites abuse.
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We also need to disconnect the fines from going to the department. It only invites abuse.
LA passed a law that speeding tickets <5 mph over the speed limit have all funds go to the state. Speed traps have dropped immensely.
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I've never heard of flashing lights being illegal.
And I've tried to warn people while on my cycle...all I could think of was to stretch out all my fingers and close them into a fist repeatedly to simulating "flashing"...I don't know if people got it or not or just thought I was stretching tired digits or just being weird...
Well, there is that option. ::exitstageleft::
People who know me might even have a hard time knowing which! ::rolllaughing::
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Of course this ruling will not make its way to cops that are pissed off by light flashing. So they will continue to harass those that do it.
Frankly speed traps should be illegal. Its not like it's hard to find motorists in need a moving violation. We also need to disconnect the fines from going to the department. It only invites abuse.
If they were truly interested in "...enforcing the law by slowing down speeders" they'd drive around with their candles flashing all the time.
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The amazing thing is this this went to a Federal court.. and should never have gotten out of the county, much less the State.
Flashing your lights at other drivers is a National issue you see.
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We also need to disconnect the fines from going to the department. It only invites abuse.
LA passed a law that speeding tickets <5 mph over the speed limit have all funds go to the state. Speed traps have dropped immensely.
I remember watching a report sometime back in the 90s about a notorious section of I-10 through Louisiana where people were being ticketed for ridiculous infractions. I wouldn't be surprised if this law was in response to that controversy.
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Citizens Peasants (citizens have inviolable rights to life, liberty and the pursuit of happiness...my bad) have to know their place! That's the authoritarian view of things. Works well (for statists) whenever it's been tried, right?!
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We also need to disconnect the fines from going to the department. It only invites abuse.
LA passed a law that speeding tickets <5 mph over the speed limit have all funds go to the state. Speed traps have dropped immensely.
Here in Indiana, the fines are collected at the county level (since they are running the courtrooms), and the money collected is split between the towns and county. That was until two of the towns here in Lake County, in spite of a state law prohibiting it, set up their own town traffic courts. They then sent about half of their tickets to their own courtroom, cutting out the county of its share. That went on until the county discovered it had been cut out of all those tickets (after they got so many less cases sent from those towns), and the state stepped in.
Those town courts had a near 100% conviction rate too, hmmmmmmmm. Sucks too because one of the towns are run by RINO's. Lake County Republicans are as corrupt as the Democrats here, and they sit around on their asses and wonder why no young people want anything to do with them.
I truly hate corruption, especially when involving law enforcement.