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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIs flashing your car’s headlights protected by the First Amendment?
Missouri resident Michael Elli wanted to let others on the road know to slow down because they were about to drive into a speed trap, so he did what many kindhearted souls do: He flashed his headlights as a warning.
Police didnt take at all kindly to warnings of this 21st century Paul Revere. They flashed him a ticket of his very own for obstruction of justice. Prosecutors eventually dropped the case, but Mr. Elli has now filed a class action lawsuit against the city because he says that the city retaliates against drivers who exercise their right to free speechand that the government is trying to prevent it because it doesnt like the message.
Under the law, obstruction of justice is generally defined as an attempt to interfere with the administration of the courts, the judicial system or law enforcement officers.
So if a person is aware of a confidential, ongoing investigation and tells the subject of the pending investigation, he or she may be guilty of obstruction of justice.
A former Key West bank officer pleaded guilty this past May to a charge that she received a grand jury subpoena, was told that it is a federal crime to disclose a federal grand jury subpoena received by a financial institution, but notified the subjects of the investigation. She faces up to five years in prison for the violation.
http://news.yahoo.com/flashing-car-headlights-protected-first-amendment-103216345.html
RebelOne
(30,947 posts)I thank those other motorists who have flashed their headlights to warn of a speed trap. It had saved me many a ticket.
Inkfreak
(1,695 posts)But lately I don't bother. I find most cops don't pull ya over unless its in excess of 10 miles over. And frankly, if your driving any faster, you might deserve a ticket. Now I'm not saying speed traps are great, but having lost a close friend to speeding, I have no tolerance or aggressive speeding. I'm on the road a lot. A shit ton really. And I hate it when someone goes zooming by. Don't even get me started on talking on a cell.
Edited to add a ticket for flashing lights is complete bullshit.
hollysmom
(5,946 posts)still happens.
RebelOne
(30,947 posts)The speed limit is 35 mph and I was going 42. I guess he had nothing better to do that day. But he did not give me a ticket, only a warning.
hollysmom
(5,946 posts)the speed limit was 65 and I was going 71 - it was speed creep. People were passing me and I must have sped up. It was not like I was in a hurry, I was just enjoying a ride on a beautiful sunny day.
Politicalboi
(15,189 posts)The same as driving by warning others of a cop ahead. IMO. How do we know the car across was speeding. We have no idea if "they" are breaking any laws. A grand jury subpoena means somebody broke the law. I do it when I feel it's safe to do so. Perhaps I should wave my arm out the window to warn instead of using my lights. I could say a bee flew in my car, and I was moving my arm to avoid getting stung.
MineralMan
(146,338 posts)They are "revenue enhancers," and that's why they don't like it if people warn others to slow down. They don't want you to slow down. They want you to keep speeding, so they can give you a nice ticket and a big fine.
Lizzie Poppet
(10,164 posts)Speed traps are about revenue collection, not safety. Speed limits, in fact, are often set lower than the ideal speed for the roadway and traffic for precisely the same reason.
And even though the driver-to-driver warnings (didn't know people still did those) eat into MAYBE 5% of the monthly revenues, the state doesn't like it one bit...
Sort of like those laws they passed to prevent anonymous parking meter-feeding...
MineralMan
(146,338 posts)I have no problem sticking to posted limits. But laws that punish people for letting others know that there's a speed trap ahead are just wrong. Period. People slow down. That's a good thing.
DirkGently
(12,151 posts)The Florida Highway Patrol was ticketing people for warning others of speed traps under a statute that forbids flashing lights on non-emergency vehicles. As though blinking your slights to communicate was the same as dressing up your car like an ambulance.
There was a lawsuit on First Amendment grounds. Before it was even resolved FHP decided to stop issuing those tickets.
beevul
(12,194 posts)Robb
(39,665 posts)I've been using a GPS deal on my phone called "Waze"; it's a clever premise, whereby users transmit data to one another about traffic, allowing the program to design real-time routes to avoid jams.
One of the features is the ability to manually note obstructions on the road or shoulder, such as debris, stalled cars, or police cruisers. They show up on the map --designated as "visible" or "hidden" -- as little cop hats.
nyquil_man
(1,443 posts)If so, who's the suspect? Everybody?
If it's confidential, why are the police out there in marked cars?