Interesting !!! High Beams " First Amendment Right "

FIRST AMENDMENT RIGHT TO FLASH HEADLIGHTS WARNING OF SPEED TRAP
Published On: February 6th, 2014
A Missouri federal district court judge has ruled that drivers a have a First Amendment right to warn others of police presence by flashing vehicle headlights. The civil rights suit by Michael Elli was initiated after he was arrested for flashing his headlights at other drivers warning of a radar speed trap by police in Ellisville, MO. In response to city’s claim that Michael Elli was interfering with a police investigation by flashing his headlights, U.S. District Judge Henry Autrey stated that flashing headlights to oncoming motorists, “sends a message to bring one’s driving in conformity with the law — whether it be by slowing down, turning on one’s own headlamps at dusk or in the rain, or proceeding with caution.” Read more on the ruling here..
Although Minnesota courts have not dealt with the First Amendment issue as it relates to flashing headlights, the MN Court of Appeals has held that a driver flashing high-beams at oncoming traffic is not a basis for traffic stop when there is no indication the headlights projected “glaring rays…into the eyes of the oncoming driver.” In Sarber v. Commissioner of Public Safety, the driver was stopped and arrested for DWI after he flashed his high-beams at a Mille Lacs County deputy. Because Minnesota law only prohibits the “use of headlights in a manner that blinds or impairs other drivers,” and there was no evidence of the headlights blinded the deputy, the Court reversed Sarber’s driver’s license revocation and plate impoundment.

 

I saw that, I think judge made right call.

 

This wont last long...

IBTL

 

About time for this. I think every state should hold this as a fair law. This is no different than sitting on the side of the road with a sign stating "police radar ahead". This has been done legally in Florida, and I believe California.

 

I always try to flash my headlights at on coming drivers - and I really appreciate it when people warn me of a police presence up ahead. Props to the judge for making the right call.

 

I've done this all the time as well as my parents. Didn't know there was even a risk of getting pulled over for it haha

 

I don't see it any different than the Waze navigation app. You can report police (hidden or visible) for others to see and it even warns you when a camera is at an intersection you are approaching.

 

If it is a true "speed trap", hidden sign and such I will warn them, but if not they are on their own as they need to obey the speed limit. Also I was told by a DPS friend in Texas it is against the law for them to hide and run radar.

 

As everyone knows traffic stops are unsafe. I'm totally for warning other drivers and have them rethink their driving habits and make adjustments if needed rather than the unsafe and expensive alternative.

 

I always flash my lights to warn oncoming drivers of dangerous conditions ahead. A police car parked 5 ft parallel to the highway is pretty dangerous.

 

Missouri seems to value liberties more than other states. I think it's on of the few states that the open container law only applies to the driver.

 

I flash my lights for people walking/running or riding bikes, sometimes for the police to Depending on what road its on. I never worried much about it, figured it might stop someone from getting run over, which Ive seen almost happen a few times. For someone running I would flash them at a cop too.

 

Ellisville is my backyard

 

Friend told me about the Waze app. I thought he was kidding about it showing police, different types of hazards...etc. I thought how accurate could this app really be. Turns out its like a live traffic report on my phone. There are a lot of people in my area using this app. So many that I rarely get to mark anything because someone else already had it marked. I just mark it still there or not. It's a usefull app but a little chessey with the wazers emblems.