Warning Other Drivers Of Speed Traps Is
Constitutionally Protected Free Speech
Driver in Florida can't be cited for using his lights to communicate
A judge in Florida ruled on Tuesday that flashing one's headlights to
warn other drivers of
speed traps set by police is protected by the First Amendment.
Ryan Kintner of Lake Mary, Fla. was pulled over and cited by a police
officer in an unmarked car for doing just that. Kintner was at home when
he saw a deputy park along a street and being using his radar gun. He
got in his car, drove a little ways away and parked his vehicle so he
could flash his lights at oncoming
traffic to warn them.
He was stopped shortly after doing so and fined $166 for "improper
flashing of lights."
Kintner, however, was not going down without a fight. He took his case
to court, suing the Seminole County Sheriff's Office, with Attorney J.
Marcus Jones arguing that "You're completely in your rights to flash
your headlights. Flashing your headlights is expressive conduct
protected by the First Amendment. By issuing a citation, monetary fine
for that conduct you've breached the First Amendment rights."
The judge agreed that the officer misapplied a law meant to ban
motorists from flashing after-market emergency lights and ruled that the
law does not apply to people using headlights as a form of
communication. Thus, the court decided, citing Kintner was, in fact, a
violation of one of his Constitutionally-protected rights.
Jones has filed a similar suit in Tallahassee aimed at the entire
Florida Highway Patrol, which has agreed to stop citing drivers for
flashing their headlights until litigation is complete.
"This stuff is fun," said Jones after Tuesday's hearing.
© 2012 AOL Inc. All Rights Reserved.
http://autos.aol.com
|