A great ruling by a federal judge....

[Mytur Binsdirti]

Warning Drivers Of Speed Traps With Flashing Headlights Is Free Speech

A federal judge in St. Louis has set the benchmark

Posted: Feb 05, 2014




A federal judge in St. Louis ruled Monday that a driver flashing their lights to warn other drivers of an impending speed trap is protected free speech.

On November 22, 2012 Michael Elli received a ticket for flashing his lights to warn fellow drivers of a speed trap, according to Fox 2. The American Civil Liberties Union helped Elli fight the $1,000 ticket all the way to federal court.

Judge Henry Autrey of St. Louis ruled a driver has the right to flash their lights under the First Amendment. Autrey issued an injunction to stop Ellisville Police from enforcing the policy.

"If you're at the gas station on the corner and someone says 'Hey be careful over there, there's a speed trap,' that's protected speech. You can't be ticketed for that. This is no different," Tony Rothert, an attorney for the American Civil Liberties Union, told Fox 2.

A lawyer for the police in Ellisville said the department isn't affected by the ruling, as this kind of ticket has only been issued five or so times in the last decade. Across the country, however, the ruling will be considered the benchmark for such cases.

[chargerboy69]

A lawyer for the police in Ellisville said the department isn't affected by the ruling, as this kind of ticket has only been issued five or so times in the last decade. Across the country, however, the ruling will be considered the benchmark for such cases.

He must not get out much.  I have had three friends given tickets for this same thing within the last year or so.

[JB400]

It gets people to slow down (at least for a short bit), isn't that what the police want?  It isn't the pd's job to make money from tickets, unknown to some law enforcement and city officials.

[BrianShaughnessy]

It gets people to slow down (at least for a short bit), isn't that what the police want?  It isn't the pd's job to make money from tickets, unknown to some law enforcement and city officials.

 

[TXcharger70]

I read this article yesterday and was surprised and glad with the ruling. It's about time, just sad it has to go to the upper courts to get this ruling.

[Old Moparz]

I used to flash the headlights all the time, but now I figure it's best that the cops pull someone else over to fill their quota. Let someone else get a ticket instead of me, I paid my fair share over the years. 

[JB400]

With one victory, comes a defeat.   Did anyone else here about the spoiled little drunk rich kid that killed 4 people and only gets probation and group therapy at parents' expense?

[Old Moparz]

With one victory, comes a defeat.   Did anyone else here about the spoiled little drunk rich kid that killed 4 people and only gets probation and group therapy at parents' expense?

Amazing, ain't it? Anyone else would be in jail.   

[chargerboy69]

With one victory, comes a defeat.   Did anyone else here about the spoiled little drunk rich kid that killed 4 people and only gets probation and group therapy at parents' expense?

I am surprised a family member is not hunting someone down.

I did hear on the news they are trying to get the guy on something else and get him jail time that way.  They should have done it right the first time.

[bull]

What exactly are they charging people with who flash their lights?

[Cooter]

What exactly are they charging people with who flash their lights?

"Unlawful fu*kin with states/cities/troopers money/quota."

But...seriously, I guess it COULD be considered to be "obstructing justice"....

[Paul G]

Over here the local muni's put in red light camera's and traffic cams. Over the past few years it has been determined that they did "zero" to prevent traffic accidents or deaths. But they did generate big $$ for the muni's that installed them.

El Mirage, the small city right next to us, put red light cams at almost every intersection. El Mirage is one of the smallest cities in the valley, but generate the highest revenue in the valley with there traffic cams, and portable traffic radar unit.

It was also determined that the red light cams actually caused more accidents than they they prevented. Drivers, including myself a time or two, will come to a screeching halt if catching a yellow at one of the intersections with a camera. Rear end collisions actually went up at these intersections. Stationary traffic cams on the highways caused a caterpillar effect. Drivers would slow down ahead of the cam, actually slower the posted speed just to be safe, then pick speed back up on the other side of the camera. This created uneven traffic flow. A real PITA to get down the road.

The state made the decision to remove most of the traffic cams on the state highways. They made the right call. Little old El Mirage just doesnt want to loose the revenue. They kept theirs.