It's Legal to Flash

It's good to know that Judge Dickey says flashing is a First Amendment right! lol

A judge in Sanford ruled Tuesday that a Lake Mary man was lawfully exercising his First Amendment rights when he flashed his headlights to warn neighbors that a deputy had set up a speed trap nearby.

That decision is another victory for Ryan Kintner, 25, who sued theSeminole County Sheriff's Officelast year, accusing it of misconstruing a state law and violating his civil rights, principally his right to free speech.


He was ticketed Aug. 10 by a Seminole County deputy, but Kintner alleges the officer misapplied a state law designed to ban motorists from flashing after-market emergency lights.

Circuit Judge Alan Dickey earlier ruled that that state law does not apply to people who did what Kintner did, use his headlights to communicate.

On Tuesday the judge went a step further, saying people who flash their headlights to communicate are engaging in behavior protected by the U.S. Constitution.

"He felt the police specificially went out of their way to silence Mr. Kintner and that it was clearly a violation of his First Amendment free speech rights," said his attorney, J. Marcus Jones of Oviedo.

http://articles.orlandosentinel.com/2012-05-22/news/os-flashing-headlights-ruling-20120522_1_ryan-kintner-free-speech-headlights

Interesting.
Looks like the Bill of Rights trumps interfering with law enforcement in their duties.

FredHayek wrote: Interesting.
Looks like the Bill of Rights trumps interfering with law enforcement in their duties.

IMO, the premise of your post is that the duties of LE is to raise $. That is true, but is it right.

Two scenarios:

Scenario one. Driver does not see or ignores the flash. Gets pulled over, gets ticket. Then he drives slower for fear of another speed trap or figures what are the odds of another speed trap and continues his journey driving above the speed limit.

Scenario two. Drivers sees the warning slows down, passes the speed trap and does not get a ticket. Then he drives slower for fear of another speed trap or figures what are the odds of another speed trap and continues his journey driving above the speed limit.

Scenario one sucks $ out of the consumer and hurts the economy and supports big intrusive government. Scenario two he has more $ to spend and tips the waitress.

Neptune, you forgot to add the part where the town raises local taxes on law abiding citizens because they are no longer collecting enough from people who break the law by speeding. Now no one can tip the waitress.

archer wrote: Neptune, you forgot to add the part where the town raises local taxes on law abiding citizens because they are no longer collecting enough from people who break the law by speeding. Now no one can tip the waitress.

I agree with you to a point. But the guy who avoids the ticket would have more money in his pocket to spend in that community. You are assuming that the fine money would be spent wisely and wouldn't get diluted in the many layers of government bureaurocracy. I would be happier if the fine went directly into a community food bank with no government middleman to waste a cent of it.

Law enforcement used as a revenue enhancer? Sure it does that, but I think safety is another reason to use speed traps. If the drivers learn to expect law enforcement will have traps near construction projects and schools, they will wisely slow down and possibly save lives.

Irony? If you want to slow down traffic in your neighborhood, just flash your brights at speeding cars. Almost as effective as having a patrol car parked in your driveway.

The issue was free speech, flashing is just another way to say, speed trap ahead. I get flashed and flash if there are deer near the road.
seems like a sane ruling to me.

FredHayek wrote: Law enforcement used as a revenue enhancer?

Sounds like the Morrison Police Department.

I have heard of Jeffco and Morrison police issuing tickets for flashing a warning to other motorists.

It used to be very popular in Evergreen for other motorists to warn each other of road hazards- and I consider Jeffco to be the biggest hazard we commuters face on the way to and from work everyday.

Elk and Deer pale in comparison to the dangers of the police state we now live in around here.

Back in the 80's- we could count on our neighbors to flash us if the revenue collectors were ahead- now it's hit and miss. I still flash the warning.

I do not consider the money they collect from traffic infractions to be money that should be counted on as revenue. This is not the purpose of enforcing traffic laws. Unfortunately- they are doing it more and more purely for revenue - and not for "public safety" as they claim.

I'm glad to see that some courts have upheld the first amendment defense- because if I am ever ticketed for flashing I'm going to fight it this way too.

The way I figure it- every dollar we keep "Barney the traffic cop" from stealing- the more dollars wind up in our local economy which is where I'd rather see it.

They already have half the town in ETOH classes. They have destroyed most of the night life in Evergreen with their police state.

We should keep warning each other- it's the neighborly thing to do.

I like flashing for no reason...just doing my part to save the planet from excessive fossil fuel usage.