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Headlight flashing OK, Missouri judge says
Yahoo News ^ | 2/6/2014 | JIM SALTER

Posted on 02/06/2014 9:00:02 AM PST by fungoking

Headlight flashing OK, Missouri judge says ST. LOUIS (AP) — It's a common practice among drivers who pass through a speed trap: Flash your headlights at approaching cars as a warning to slow down. Now, a federal court judge in Missouri says penalizing drivers for the headlight flash violates their First Amendment right to free speech. U.S. District Judge Henry E. Autrey in St. Louis on Monday issued a preliminary injunction prohibiting the St. Louis County town of Ellisville from citing and prosecuting drivers who flash their lights to warn of radar and speed traps. Ellisville's city attorney said there are no plans to appeal. ...Elli flashed his headlights to warn oncoming vehicles of a radar set up by Ellisville police. An officer saw the flash and pulled Elli over, citing him for a city ordinance violation, though a similar statute exists in Missouri law. Elli was told he would likely face a fine of up to $1,000 if convicted. The case was eventually dropped. Ellisville City Attorney George Restovich said the city changed the policy and no longer pulls over people for flashing headlights. Ellisville continued to fight the suit. At a hearing last year, Ellisville officials made the case that flashing headlights could interfere with a police investigation. But Autrey said in his ruling that the flashing of headlights was essentially a good thing, sending "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." Jonathan Turley said courts across the country are dealing with the same issue. In virtually every case except those still being decided, the person cited has prevailed, Turley said. p>

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Crime/Corruption; Culture/Society; US: Missouri
KEYWORDS: freespeech; speeding
If speed enforcement is about safety not revenue (like we are always told) then why would police have a problem with drivers warning other drivers to slow down? I’m guessing it is the same reason cities install red light cameras and then shorten the time the light is yellow; even though evidence shows lengthening the yellow light decreases accidents more than red light camera$.
1 posted on 02/06/2014 9:00:02 AM PST by fungoking
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To: fungoking

They not teach PARAGRAPHS where you come from?


2 posted on 02/06/2014 9:03:46 AM PST by US Navy Vet (Go Packers! Go Rockies! Go Boston Bruins! See, I'm "Diverse"!)
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To: fungoking

Flashing may mean many things. It may be a reminder to turn on your lights. Or to dim your lights. Or a herd of deer is on the road.

Good for the judge.


3 posted on 02/06/2014 9:04:41 AM PST by lurk
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To: US Navy Vet

In fairness, I think FR is the only website left on the Internet where you have to code manually paragraphs in HTML.


4 posted on 02/06/2014 9:07:16 AM PST by rwfromkansas ("Carve your name on hearts, not marble." - C.H. Spurgeon)
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To: fungoking

I live in Ohio and warn drivers by flashing my lights.
I appreciate it when other drivers give me the same warning.
There are too many State Troopers in this state, IMO.


5 posted on 02/06/2014 9:07:22 AM PST by bimboeruption ("We Recognize No Sovereign But God, And No King But Jesus!" - John Adams & John Hancock)
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To: fungoking

As in, “Show your t*ts?”


6 posted on 02/06/2014 9:08:12 AM PST by Fester Chugabrew
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To: bimboeruption

My daughter jumped on me for flashing my lights at a nerd who had his headlights off—she said it was a gang signal


7 posted on 02/06/2014 9:09:04 AM PST by yldstrk (My heroes have always been cowboys)
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To: US Navy Vet

He has a paragraph.


8 posted on 02/06/2014 9:09:50 AM PST by gitmo (If your theology doesn't become your biography, what good is)
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To: US Navy Vet
Lighten up Francis!
9 posted on 02/06/2014 9:10:13 AM PST by fungoking (Tis a pleasure to live in the Ozarks)
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To: fungoking
If speed enforcement is about safety not revenue (like we are always told) then why would police have a problem with drivers warning other drivers to slow down?

Excellent point.

10 posted on 02/06/2014 9:11:02 AM PST by Lizavetta
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To: yldstrk
My daughter jumped on me for flashing my lights at a nerd who had his headlights off—she said it was a gang signal

That comes from some urban legend.

11 posted on 02/06/2014 9:12:33 AM PST by dead (I've got my eye out for Mullah Omar.)
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To: fungoking

Arresting people for flashing headlights? Fascism. If I accidentally hit the lever and the headlights flash - that’s a crime? bull$h!t.

I never flash headlights to warn other drivers about speed traps. They have to obey the law just like me. But doing it is not a crime.


12 posted on 02/06/2014 9:12:34 AM PST by I want the USA back (Media: completely irresponsible traitors. Complicit in the destruction of our country.)
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To: lurk

Almost hit a deer one night -
driving at dusk, my wife says “Dear!”.
I said “what?”
She said “Dear!”.
I said “yeah, what?!”

DEER! RIGHT THERE!

Now we say “moose!”


13 posted on 02/06/2014 9:12:38 AM PST by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: rwfromkansas

“.. you have to code manually ..”

Actually, you don’t.

If there are no other html tags present, simple click/s of your Enter key = line break/s.

This is an example.
I’d normally italianize your quote, but left that out for illustrative purposes.

No tags here, but formatted nonetheless.


14 posted on 02/06/2014 9:14:34 AM PST by tomkat
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To: bimboeruption
Let me start off by saying that I of course support the police....but

Where I live we have police jurisdiction upon police jurisdiction. Village police, town police, sheriff, state police...each with a full contingent of officers. You cannot drive a mile without seeing at least one, and usually several police officers. Now, I know we need police to stop crime, maintain safety, but it seems as if there primary role is revenue enhancement. Look, the police union asks for a raise, the town says there is no money, the police union strokes its chin and says, if its money you need.....
Anyway, you get a speeding ticket, you go to court, they tell you pay the fine now and you can plea down to a lesser offense (like a parking ticket), but if you fight it you will lose and you will pay a higher fine plus get points on your license. Its a money making operation, plain and simple. Headlight flashing cuts into profits.

15 posted on 02/06/2014 9:15:28 AM PST by fhayek
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To: lurk

“Flashing may mean many things...”

You forgot raincoats.


16 posted on 02/06/2014 9:28:13 AM PST by Beagle8U (Unions are Affirmative Action for Slackers! .)
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To: fungoking
...citing him for a city ordinance violation, though a similar statute exists in Missouri law...

They actually made it a law that you can't flash your lights to warn of a speed trap? And they call this a free country!

How can they prove you did it (as they would have to do in court) when you can always claim that you accidentally hit the lever and weren't flashing anyone?

Too many liberals/do-gooder/nanny-state'ers taking over the government.

17 posted on 02/06/2014 9:31:20 AM PST by jeffc (The U.S. media are our enemy)
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To: bimboeruption
There are too many State Troopers in this state, IMO.

In Ohio? Danged straight! Particularly when their only jurisdiction is traffic enforcement on state highways.

At least here in PA the State Police have general police duties in patrolling rural areas.


18 posted on 02/06/2014 9:31:26 AM PST by Buckeye McFrog
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To: lurk

How in the world are they, the police, going to prove WHY they were flashing their lights.

The cops only assume that is was because of a speed trap. I suppose that their version of why is more to be trusted that the person he ticketed.


19 posted on 02/06/2014 9:31:53 AM PST by chiefqc
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To: fungoking

I’ve been flashing my lights for 40 years.. my father and grandfather did it before. It’s an AMERICAN TRADITION!

I’m glad to see the courts agree.


20 posted on 02/06/2014 9:44:26 AM PST by SomeCallMeTim ( The best minds are not in government. If any were, business would hire them!)
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To: fhayek

“Where I live we have police jurisdiction upon police jurisdiction. Village police, town police, sheriff, state police...each with a full contingent of officers. You cannot drive a mile without seeing at least one, and usually several police officers.”

Here in Castro Valley, CA (which isn’t a municipality) we have The California Highway Patrol (you know, the union thugs that just arrested a firefighter in Chula Vista) and the Alameda County Sheriff in a pissing contest over “just whose turf CV is.” On one 25mph street you will find both of them within a couple of blocks using radar to try and fatten their respective coffers. It’s so bad that whenever we go there and are forced to drive on that street, we use our cruise control (yes, it begins to work right at 25mph). Just jackals with guns!


21 posted on 02/06/2014 9:49:14 AM PST by vette6387
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To: lurk

Or to a truck that it is safe to come back into the lane.


22 posted on 02/06/2014 9:52:00 AM PST by Harmless Teddy Bear (Proud Infidel, Gun Nut, Religious Fanatic and Freedom Fiend)
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To: fungoking

Flashing lights is an individual thing, personally I could care less if a speeder gets nailed. Don’t forget speed kills and it could a friend or family member.


23 posted on 02/06/2014 9:58:37 AM PST by kenmcg
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To: I want the USA back

Truckers use the radio, or turn signals. In the left lane, and you see a truck opposite coming toward you, flash your left blinker once. He flashes back - once. Over and done.


24 posted on 02/06/2014 10:04:46 AM PST by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: tomkat
I’d normally italianize your quote...

You normally what? Thanks for the chuckle tomcat!

25 posted on 02/06/2014 10:14:24 AM PST by houeto (https://secure.freerepublic.com/donate/)
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To: tomkat
I’d normally italianize your quote, but left that out for illustrative purposes.

Eh?! Why-a you no-a wanna italianize de quote?

Regards,

26 posted on 02/06/2014 10:26:44 AM PST by alexander_busek (Extraordinary claims require extraordinary evidence.)
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To: bimboeruption
My uncle got pulled over for doing that once. They didn't accuse him of breaking any law, but they just happened to decide that he needed a "random" safety inspection right there and then. When they got to checking the headlights the trooper said "Funny, they don't seem to be blinking now".

Don't get between a cop and a donut and don't interfere with a speed trap.

27 posted on 02/06/2014 10:48:17 AM PST by KarlInOhio (Republican amnesty supporters don't care whether their own homes are called mansions or haciendas.)
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To: fungoking

People in Missouri rarely use their headlights before 10pm, even while driving a white car in a driving blizzard (as seen about 100 times this week).


28 posted on 02/06/2014 10:51:30 AM PST by gura (If Allah is so great, why does he need fat sexually confused fanboys to do his dirty work? -iowahawk)
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To: tomkat

Well oops. Guess that is fine now. Haven’t actually posted a thread in probably years.


29 posted on 02/06/2014 11:36:01 AM PST by rwfromkansas ("Carve your name on hearts, not marble." - C.H. Spurgeon)
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To: kenmcg
Don’t forget speed kills and it could a friend or family member.

Wrong. It's not speed that kills, it is difference in speed that is dangerous.

Some jackass driving 40 in a 55 is endangering everyone around him. Several years ago Montana eliminated speed limits on many interstates. The fatality rates decreased even though the average speed was higher than it was previously. The bottom line is, that people don't generally want to die, and drive to match local conditions.

In Texas, the way speed limits were once set in many areas (don't know if this is still the case, but it very well might be), is that after completion of the road, cars would be allowed to drive it. The road was monitored for a while, and the speed limit set at that average speed that 80% of the traffic. Americans are actually pretty good judges of such things. If you're on a road and 80-90% of the traffic is exceeding the speed limit, you know it was artificially set too low for revenue reasons.

30 posted on 02/06/2014 1:33:11 PM PST by zeugma (Is it evil of me to teach my bird to say "here kitty, kitty"?)
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To: gura
People in Missouri rarely use their headlights before 10pm

My car is over 10 years old, and it has AUTOMATIC headlight controls. I thought that became pretty standard on newer cars.

31 posted on 02/20/2014 10:14:47 AM PST by UCANSEE2 (I just messed up my tagline. Sorry for the inconvenience.)
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To: gura
People in Missouri rarely use their headlights before 10pm, even while driving a white car in a driving blizzard (as seen about 100 times this week).

I used to get off work at 5:00PM. Since it took about an hour to get home at certain times of the year I would turn on my lights immediately so I wouldn't forget.
The first part of my drive took me through a small but ritzy city. One day I was stopped by a cop and told that one of my headlights was out. I told him I didn't realize it had burned out but he wrote me a ticket anyway, all the time while wearing sunglasses.

32 posted on 02/20/2014 10:32:05 AM PST by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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