Speed Trap Flashing..

RandyD · 08-27-2011, 11:23 AM

Quote:

Originally Posted by spearfish25

It's illegal to signal a speedtrap, but a ticket for doing it would never hold up in court. They'd never be able to prove why you flashed your lights and you can tell them any reason you choose. 'I knew the oncoming driver and was saying hello'. 'I was trying to activate the turn signal and must have pulled the stalk a little.'. 'An oncoming driver had his brights on an I was signalling him to turn them off.'. The possibilities are endless.

The article I posted seems to say that it is not illegal. It is free speech.

this must be different in different states though. (?)

Red__Zed · 08-27-2011, 04:57 PM

Quote:

Originally Posted by RandyD

The article I posted seems to say that it is not illegal. It is free speech.

this must be different in different states though. (?)

the article explains it poorly. It's not a free speech issue, they just used the wrong citation. In many states, there is actually a statute they can cite you for (it varies from state to state). In california for instance, it is illegal to flash your lights on a multi-lane highway (regardless of reason). In VA, they will commonly ticket for "failure to dim headlights," which is a bit of a stretch, but it generally holds up in court.

MacCool · 08-27-2011, 03:48 PM

Quote:

Originally Posted by spearfish25

It's illegal to signal a speedtrap, but a ticket for doing it would never hold up in court. They'd never be able to prove why you flashed your lights and you can tell them any reason you choose. 'I knew the oncoming driver and was saying hello'. 'I was trying to activate the turn signal and must have pulled the stalk a little.'. 'An oncoming driver had his brights on an I was signalling him to turn them off.'. The possibilities are endless.

Generally, I would prefer to not lie under oath.

onzedge · 08-27-2011, 04:01 PM

Quote:

Originally Posted by MacCool

Generally, I would prefer to not lie under oath.

m4a1mustang · 08-27-2011, 04:08 PM

Quote:

Originally Posted by MacCool

Generally, I would prefer to not lie under oath.

Lemers · 08-27-2011, 04:16 PM

Quote:

Originally Posted by onzedge

Man I wish we had Waffle House here. They are one of the great joys when I travel to the Southern States.

Quote:

Originally Posted by MacCool

Generally, I would prefer to not lie under oath.

Entering a plea on not guilty and not making any statement is not lying under oath.

MacCool · 08-27-2011, 05:27 PM

Quote:

Originally Posted by spearfish25

It's illegal to signal a speedtrap, but a ticket for doing it would never hold up in court. They'd never be able to prove why you flashed your lights and you can tell them any reason you choose. 'I knew the oncoming driver and was saying hello'. 'I was trying to activate the turn signal and must have pulled the stalk a little.'. 'An oncoming driver had his brights on an I was signalling him to turn them off.'. The possibilities are endless.

Quote:

Originally Posted by MacCool

Generally, I would prefer to not lie under oath.

Quote:

Originally Posted by Lemers

Entering a plea on not guilty and not making any statement is not lying under oath.

I agree, but that's not what he said.

But you're right. If you go to court having plead not guilty, your attorney (or you if you are acting as attorney pro se) on cross examination will ask the cop to prove that you were flashing to circumvent the law. He won't be able to. You'll ask him, "officer, is it possible that I was flashing because I missed the turn signal, etc etc etc" and he'll say yes. But let's look at the practicalities. When it's time for the defense, (you), to present your case...what are you going to do? Call yourself as a witness? No, you wouldn't want to do that because your choices then are going to be either lying under oath or keeping silent. You can keep silent, but in traffic court (rather informal), I'm pretty sure the judge is going to ask you why you flashed your lights. Your choices now are lying under oath, or pleading the fifth amendment. Not good. If you do that, I suspect that most judges are going to find for the prosecution and tell you they recommend you appeal if you disagree.

Smart move, if you decide to take such a case to court, would be to move for dismissal before presenting your case, asserting that the prosecution didn't prove its case. I'll bet the odds are no better than 50-50 that the judge would go for that.

Red__Zed · 08-27-2011, 05:32 PM

Quote:

Originally Posted by MacCool

I agree, but that's not what he said.

But you're right. If you go to court having plead not guilty, your attorney (or you if you are acting as attorney pro se) on cross examination will ask the cop to prove that you were flashing to circumvent the law. He won't be able to. You'll ask him, "officer, is it possible that I was flashing because I missed the turn signal, etc etc etc" and he'll say yes. But let's look at the practicalities. When it's time for the defense, (you), to present your case...what are you going to do? Call yourself as a witness? No, you wouldn't want to do that because your choices then are going to be either lying under oath or keeping silent. You can keep silent, but in traffic court (rather informal), I'm pretty sure the judge is going to ask you why you flashed your lights. Your choices now are lying under oath, or pleading the fifth amendment. Not good. If you do that, I suspect that most judges are going to find for the prosecution and tell you they recommend you appeal if you disagree.

Smart move, if you decide to take such a case to court, would be to move for dismissal before presenting your case, asserting that the prosecution didn't prove its case. I'll bet the odds are no better than 50-50 that the judge would go for that.

That's why the laws are rarely written to make it illegal to flash as a warning. To my knowledge, MD was the only state that tried to do that (interfering with a criminal investigation) and they gave up on that in the 90s.

FromG2Z · 08-29-2011, 03:17 PM

Quote:

Originally Posted by spearfish25

It's illegal to signal a speedtrap, but a ticket for doing it would never hold up in court. They'd never be able to prove why you flashed your lights and you can tell them any reason you choose. 'I knew the oncoming driver and was saying hello'. 'I was trying to activate the turn signal and must have pulled the stalk a little.'. 'An oncoming driver had his brights on an I was signalling him to turn them off.'. The possibilities are endless.

This is serious? It's illegal to signal???? On what grounds? Dang. If a cop pulls me over for this I'd say show me where its written.

somatic · 08-29-2011, 03:19 PM

Quote:

Originally Posted by FromG2Z

This is serious? It's illegal to signal???? On what grounds? Dang. If a cop pulls me over for this I'd say show me where its written.

and id be like "prove it"

KillerBee370 · 08-29-2011, 04:01 PM

Quote:

Originally Posted by somatic

and id be like "prove it"

You wouldn't have to say anything because it's nowhere in the vehicle code. You wouldn't get a ticket in the end of all his/her bitching and moaning. They can make up whatever roadside stories they want but in the end, unless it's in the VC or PC, it doesn't matter.

Red__Zed · 08-29-2011, 04:09 PM

Quote:

Originally Posted by KillerBee370

You wouldn't have to say anything because it's nowhere in the vehicle code. You wouldn't get a ticket in the end of all his/her bitching and moaning. They can make up whatever roadside stories they want but in the end, unless it's in the VC or PC, it doesn't matter.

Of course for most of us, they can find something legit to issue a ticket for.

SPOHN · 08-27-2011, 10:41 AM

I always do. I should flash all the cops I see for they are always speeding also. I quarantee there not on a call either. Oh wait, it maybe a call to the Waffle House.

onzedge · 08-27-2011, 11:01 AM

Quote:

Originally Posted by SPOHN

I always do. I should flash all the cops I see for they are always speeding also. I quarantee there not on a call either. Oh wait, it maybe a call to the Waffle House.

Man I wish we had Waffle House here. They are one of the great joys when I travel to the Southern States.

somatic · 08-27-2011, 11:07 AM

Quote:

Originally Posted by onzedge

Man I wish we had Waffle House here. They are one of the great joys when I travel to the Southern States.

fun place to go if youre bored and hungry at 3am...some unique individuals

08-27-2011, 10:41 AM	#13 (permalink)
SPOHN A True Z Fanatic Join Date: Feb 2010 Location: Covington, GA Age: 46 Posts: 14,844 Drives: Waiting on next Z Rep Power: 222	I always do. I should flash all the cops I see for they are always speeding also. I quarantee there not on a call either. Oh wait, it maybe a call to the Waffle House. __________________

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