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Judge rules flashing headlights is free speech in Oregon case
Fox News ^ | 11 Apr 2014 | Associated Press

Posted on 04/11/2014 7:15:04 AM PDT by relictele

Hauling a truckload of logs to a Southern Oregon mill last fall, Chris Hill noticed a sheriff's deputy behind him and flashed his lights to warn a UPS driver coming the other way.

The deputy pulled over Hill on U.S. Highway 140 in White City and handed him a $260 ticket for improperly using his headlights, saying another deputy had seen the flashing lights from behind the UPS truck and alerted him to stop the log truck because of the signaling.

Outraged, Hill decided to fight the ticket, and on Wednesday, a Jackson County Justice Court judge dismissed the citation, finding that motorists flashing their headlights amounts to speech protected by the Oregon Constitution.

Judge Joseph Carter determined the law covering the use of high beams was valid, but was unconstitutional as it was applied by the deputy.

"The citation was clearly given to punish the Defendant for that expression," the judge wrote. "The government certainly can and should enforce the traffic laws for the safety of all drivers on the road. However, the government cannot enforce the traffic laws, or any other laws, to punish drivers for their expressive conduct."

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; US: Oregon
KEYWORDS: enforcement; motoring; tickets; traffic
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To: fwdude

You’re doing LEO work without being unionized and sanactioned by the state and that’s prohibited.


21 posted on 04/11/2014 7:59:28 AM PDT by TurboZamboni (Marx smelled bad and lived with his parents .)
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To: fwdude
The entire purpose of traffic enforcement is to get people to OBEY the speed limits.

Flashing headlights to warn oncoming traffic of a speed trap deprives the force and the municipality, county or state of revenue. What you state is the original purpose of traffic enforcement. The actual, present purpose has devolved somewhat. It's just money now.

22 posted on 04/11/2014 8:00:35 AM PDT by RegulatorCountry
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To: alancarp
Just to check, around my area (the Deep South), it’s 3 headlight flashes to warn of a police check-point/speed trap/etc. Is that the same as everyone else’s system?

Out on the left coast it is only one flash most of the time, although 2 or 3 is possible. Bottom line is that one is enough, more is just icing on the cake.

23 posted on 04/11/2014 8:02:18 AM PDT by CurlyDave
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To: VAFreedom

Bet you can’t alert others in less than a second.


24 posted on 04/11/2014 8:02:36 AM PDT by Balding_Eagle (Want to keep your doctor? Remove your Democrat Senator.)
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To: RegulatorCountry

I understand that; I’m just pointing out the illogic of condemning the practice.


25 posted on 04/11/2014 8:09:40 AM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: alancarp

” Is that the same as everyone else’s system?

Recently, here in the SF East Bay, I came upon a county dump truck parked along side of a road well-known as a CHP radar speed trap. Just as I was passing, a hastily drawn up “cardboard sign” came out of the driver’s window which said “Cop with Radar Ahead.” Evidently the driver was having his lunch and performing a public service at the same time. Wonder if that was “free speech” too?


26 posted on 04/11/2014 8:14:19 AM PDT by vette6387
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To: alancarp
The rules of the road as I learned them in Texas has always been 2 flashes.

This isn't just to notify oncoming drivers of a cop, either. It's used to warn of any hazard .....in my neck of the woods it's used more to warn people of deer or loose livestock in the road.

27 posted on 04/11/2014 8:17:01 AM PDT by MamaTexan (I am a Person as created by the Laws of Nature, not a person as created by the laws of Man)
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To: struggle

I once got stopped in Utah by a state trooper there because he was coming at me with his hi-beams on. So naturally I flashed up to get the “other driver” dim down and this prick stopped me and wrote me a ticket! Then he made me follow him to next weigh station and pay the $125 fine!

Then I got stopped traveling down Lolo Pass. This is a very winding highway and more deer than you can shake a stick at. Anyway there was another car coming up the pass and when we would come around the curves we would both have our hi-beams on and see each other and dim down and then flip them back on when we lost sight of each other. This on for about a few curves until we passed each other. On the last time I dimmed down one of my low beams burned out and then the other car turned out to be an Idaho trooper and he turned around and lit me up so I pulled over. He told me my low beam was out and I told him that I had a problem with light and how it was constantly doing that so much so that I kept a couple of spares behind the seat and even showed that.

Then he said that it had been working each time I dimmed down but the last time he seen it burn out. So he wrote me a $25 ticket and said I had 15 days to pay it. I told him that I only had another 50 miles to go before I got into Washington and that I’ll never pay the ticket. He went in his way and so did and I never paid that one!

With the attitude today, that was in the mid 80’s, I probably would have been shot for attempted murder of a cop by driving unsafe in their presence and endangering their lives!


28 posted on 04/11/2014 8:19:14 AM PDT by shotgun
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To: nascarnation

Any word on the collector?


29 posted on 04/11/2014 8:21:05 AM PDT by Louis Foxwell (This is a wake up call. Join the Sultan Knish ping list.)
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To: boycott
Would the judge rule it free speech if I flew the bird in the courtroom?

You could very well be taken out of court and put in jail for contempt of court, depending on the judge.

I had that very thing happen to a peson near and dear to my heart.The jude went on a tirade, and when finished, asked what that person thought of what the Judge had just said in the tirade.
He responded to the judge- "I think your a ****ing asshole, that's what I think".
Contempt of court and right out of the courtroom and off to jail.
He called and told me where he parked the car near the courthouse, so I could go get it, and bring it home.

Because of his stubbornness he was incarcerated for 90 days. Yes 90 days.
And when you go and retrieve a prisoner , they run an outstanding warrant check before releasing prisoners and if even a traffic ticket warrant is involved they are not getting out.

There are limits to free speech. And judges will tell you what they are. - Tom

30 posted on 04/11/2014 8:25:37 AM PDT by Capt. Tom (Don't confuse U.S. citizens and Americans. They are not necessarily the same. -tom)
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To: struggle
"The deputy pulled over Hill on U.S. Highway 140 in White City and handed him a $260 ticket for improperly using his headlights,"

With the court's decision overturning ticketing those drivers, cops will have to resort to just shooting people... Oh, wait.

They're already doing that.

31 posted on 04/11/2014 8:38:35 AM PDT by Carl Vehse
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To: Capt. Tom

I especially enjoy it when these judges refer to the courtroom as their courtroom — “In my courtroom, ..... “ It’s not their courtroom. It’s the people’s courtroom.

A lot of these clowns have no regard for the laws. It’s just their mood or how they feel on issues. And far to many are extremist liberals — trial lawyers.


32 posted on 04/11/2014 9:05:28 AM PDT by boycott
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To: relictele
"However, the government cannot enforce the traffic laws, or any other laws, to punish drivers for their expressive conduct."

Wait, Huh?

33 posted on 04/11/2014 9:08:07 AM PDT by moehoward
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To: struggle

its ok, both judges and cops hate jurrors who know about jury nullification.

Every state where a proporsed jury instruction about nullification has been presented, the judges shot it down.


34 posted on 04/11/2014 9:11:42 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: shotgun

Today, they would simple have your license suspended in the state you are from for non-payment. Then, the next time you are stopped or try to renew your license, voila!. “Sir, this license is suspended...”

They’ll get their money.


35 posted on 04/11/2014 9:12:52 AM PDT by Valpal1 (If the police can t solve a problem with violence, they ll find a way to fix it with brute force)
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To: VAFreedom

I am just waiting for the hack app that will just tell you where all the cops are located.


36 posted on 04/11/2014 9:14:00 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: MamaTexan

I was on my way to work yesterday on a long two lane stretch. Three cars flashed their lights at me and I though it was odd because they literally NEVER run radar here. But I slowed down. Good thing. Over a hill the entire road was blocked by fire trucks handling a hay fire on a trailer.


37 posted on 04/11/2014 9:27:43 AM PDT by cuban leaf
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To: shotgun

Revenue. He even saw that you had a good light and while on the road it went out. What a jerk.

Meanwhile, where I live I blew through a stop sign at night trying to beat an approaching car. The car was a cop. Sure, he lit me up but we are both adults and know that what I did, though technically illegal, was not the least bit dangerous.

He gave me a “friendly” verbal warning with a wink and I was on my way.

It’s one reason I love it here. In my 42 years driving in the Seattle area I learned to watch for radar copes every second I was driving. I still got pulled over a couple of times a year and averaged about 2 tickets every three years. I’ve been in KY for almost three years now and that was the only time I ever got stopped by a cop. My driving record is squeaky clean for the first time in a LONG time.


38 posted on 04/11/2014 9:31:30 AM PDT by cuban leaf
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To: cuban leaf

Anytime I see headlights flashing, I slow down. I generally don’t mind the stated speed limits, but what I don’t know is whether or not there is danger of some sort, ahead.

The warning could be police ahead, or icy roads, or large puddles, an oil slick, an accident...And I appreciate those warnings. They’ve saved my hide in situations where I could have been injured if I’d not been warned.

Some of these cops have a stick up their butts with a fragile ego the size of Texas, and the toughness of a soap bubble. Gigantic egos tell me a LOT about people.


39 posted on 04/11/2014 9:59:51 AM PDT by PrairieLady2
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To: All
I always blink my headlights like double-tap whenever driver in opposite direction already attempting to make left while still yellow, or if I'm waiting to make safe left-turn I blink my headlights, too, when signal light already RED. Sometimes in the intersection of Formosa and Melrose in Los Angeles people driving fancy cars often run the red light I have to watch out.
40 posted on 04/11/2014 10:04:39 AM PDT by hamboy
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