Flashing Headlight = Free Speech?

This happened in Ohio. Glendale, Ohio to be exact, a village in the suburbs of Cincinnati. It happened to my disabled 62 year old mother no less.

She passed a speed trap in a town notorious for them. After she passed it, she communicated to a driver traveling in the opposite direction the universal warning sign of two quick flashes of the headlight. She was pulled over and given a citation for this action. The officer claimed it was some sort of violation of Ohio State Statute (Revised Code?).

Seems to me that this statute would violate the First Amendment of the US Constitution. In fact, I think her action could easily be seen as a political protest given that this is the classic small town with no industrial tax base to pay for its police force with traffic citations. She did not violate any other laws to my knowledge.

She also believes that the driver she warned was not speeding or otherwise violating the traffic laws.

I'm willing to pay for a lawyer (she doesn't have much, she's only on social security and a small pension from my deceased father). But before I shell out, I'd like to know if it would have a chance in appeals court. I know she doesn't have a chance on the original citation because she violated the law (I guess) and Ohio has this archaic and corrupt thing called a "Mayor's Court" where the guy who is responsible for the budget of his small town gets to decide how much you pay in fines and court costs.

Many librarys have sets of state statutes in larger towns and you can check the law with the ticket info.
You can also call the state police and ask anonymous questions on the phone.
How about the state driver testing book.
Your questions are excellent and I hope you pursue this as I feel you have a very good legal arguement.
Please keep us updated on this issue.
You can even check with the Secretary Of State and drivers facility.

[JETX]

Personally, I find very little chance of your success at claiming 'warning of a speed trap' to be a political statement or protected speech.

You would have far more success in arguing that there is a manufacturer defect on her model car that causes the headlights to flash twice, in the 'universal sign' of "Watch out, speed trap ahead!" whenever it detects a police radar!!

You say, "I'm willing to pay for a lawyer...". Spend that money on paying her ticket, then tell her to quit playing "Paul Revere!"

the supreme court to decide. Truck drivers use cb radios to warn each other of the police all the time. Tell your grandmother to get one.

Vincent, you seem a bit susceptible to Halket’s nasty cynicism. You jumped on his downer bandwagon pretty quickly.

Personally, he sounds like a stoolie for the Texas State Patrol or Rangers or what ever they call them. At the very least he should pull the stick out of his ass and drop the patriotic analogies. After all, Texas is one of those "Stars and Bars" original American traitor states where police brutality and bullying is just accepted.

I'm just glad I live in Oregon now. I always laugh when I hear complaints about the police here. Here, at least, the police know what it means to be public servants. The "community policing" concept is a great way to go rather than the pervasive "us and them" attitude that is common east of the Mississipi (Ohio being one of the worst, IMO).

The riots in Cincinnati not too long ago were no surprise to me. So many places back there thinks it's still the 1950's.

Maybe the ACLU would be a better place to check. I just don't see how you can pass a law that is prevents what is purely a communicative action that is neither treasonous our libelous. You're simply telling someone to slowdown. It's the same signal weather there is a police office with a radar gun ahead or a wreck or a deer in the road. It is communication and nothing more.

[JETX]

Oh, geez!! Just what we need... another bleeding heart, Oprah hugger. Give us a break and bring yourself into the current century. Or maybe you just can't see the facts with all that 'purple haze'... excuse me... I meant 'medicinal marijuana'!

And finally, lets take a look at YOUR post.
1) First, you start off with calling names without any knowledge of the person or the issues. With all of TWO posts under your belt, your opinion means VERY little (and at that, I am giving it far more credit than due).

2) Your post makes NO sense at all. If you could read, or take the time to, you would see that Vincent does NOT agree with me... so he couldn't have joined my 'downer bandwagon' as you call it.

3) You said, "Texas is one of those "Stars and Bars" original American traitor states where police brutality and bullying is just accepted." What the hell are you talking about???? You seem to have NO idea, so we sure can't figure out what you are saying.... or is this just some more of your 'imaginary' world crap!

4) Wow, so you fled all the way to Oregon!! Personally, I think OR is a great and wonderful state.... heck, some of my best friends are Oreganos. And guess where Community Policing started??? Take a guess??? Would you believe HOUSTON!!! We started what we called COP (Community Oriented Policing) back in 1988.

5) Finally, yeap, you got a great idea there.... go get the ACLU involved in the issue of flashing headlights. I am sure that they will give it the importance that it deserves!!!

Have a happy day!!!!

First, I'd like to apolgize to Vincent. I guess I should have more specific on the "downer" comment - that being the "tell your grandmother to get a CB" comment. I read it after reading Halket's comments, who's dismissive attitude had me a bit irritated. Thank you for at least acknowledging that it was a good question. I mean, how many people do you think know that there are laws against flashing your headlights?

And now Halket:

First, try speaking for yourself. Either you were speaking for both you and Vincent or you were using the "royal we", and since your worthy to do neither, stick with "I".

As for my politics, as irrelevant as they may be to this thread, I have never tried marijuana and I voted against that initiative. I'm generally considered on the conservative side here, although I'm sure I'd be considered a "bleeding heart" there. I was definitely left of center in Cincinnati, but Cincinnati could change it's name to "Conservative" and no one would blink.

No, you're right, Texas would have been my fifty-first guess. I had no idea about the Houston program and I will admit to being a bit amazed that it would start in Texas. Texas may not be all it's been made out to be, but I suspect most non-Texas still view it as the most parochial state in the union (Enron hasn't helped its image much either). No Lyle, I'm not from Texas and apparently Texas DOESN'T love me anyway.

Oreganos. Oh, you're just SO sharp. You know, if I thought it was a great case, I wouldn't have come here asking questions, I would have already gotten a lawyer. I made no claims to be an expert, so what exactly is the relevance of my having made only "TWO" posts?

If you don't think there's anything to work with here, then fine. At least articulate in an intelligent way instead of the condescending, unsubstantial drivel you posted in the first place. Manufacturer's defect? Yea, that was constructive. Tell me why there's nothing there. Is it covered under obstruction of justice? If so, then tell me that.

You're the one who went the smart aleck route first. You give me the impression that you come here to post simple to convince yourself that your smarter that most everyone else.

You know, I'm just so sorry that I may not come off coldly rational about this, but the fact is that I'm pissed off about it. Just because I mad as hell and don't want my mother to just "take it" doesn't mean I'm ignorant or unintelligent. Your last post wasn't exactly the best written composition I've every read (for instance, your "finally" is in the second paragraph and is then followed by five paragraphs).

As for the ACLU, they've done stranger things. They defended a guy in Kentucky who flipped the bird to a trooper. They got him off on something, but the judge still figured it was probable cause to check what proof his blood was, so the DUI stuck. In any case, I wasn't trying to say I expected them to take my mother's case, but I just might be able to get a descent answer from them, which I certainly don't think I've gotten from you.

[JETX]

Dubh: I dont think halkert was abusive in his post. He was just giving you straightforward advice. What do you think will happen when you go to court and fight this ticket? Learn to accept opposing viewpoints without getting personally offended.

Ask yourself are you willing to spend many times the cost of the ticket and do you have lots of time to spend on reasearch. If you do then you might want to pursue fighting this ticket at least to the point where you hit a brick wall. The ACLU only takes cases that are highly visible and affect alot of people.

I would recommend doing this without a lawyer and first looking into the statute for the ticket. Then reading up on constitutional law and if you can come up with a viable defense to the ticket go to court and represent your mother if thats allowed. Consider this as a learning experience whether you win or lose.

Halkert was just being pratical and most people would be better off with his advice on this.

Got your angle figured out, did I?

Between you and Walmart, I really wish the hippie who invented the smiley face had gotten a copyright.

No, I'm not accusing him of being abusive, but nor was he constructive. Straitforward? More like blunt and definitely condescending.

He could have made his point just as easily sans the smart ass comments.

No, I won't be representing my Mother and I sure won't be letting her represent herself. It's just a bit too far.

And I am quite aware that I would be spending more money than the ticket would cost, especially since it shouldn't affect her insurance, but the potential satisfaction is well worth a grand or so.

And, as I acknowledged in my previous post, I have no delusions about the ACLU taking up the case, but I figure they'd at least know whether the violated law had been challenged.

But thank you for your constructive input.

[JETX]

Vincent,

I do have a question about the plea.

If you're guilty as hell of what they charged you with, but you want to challenge the constitutionality or validity of the law, do you plead guilty and then appeal?

Although my knowledge of law is limited, I do know that appeals have to be based on procedural issues or constitutionality, not on the finding of guilty or not guilty. But she's guilty and admitted it to the officer (see, I told you I don't want her representing herself).

Would "no contest" be the way to go?

My sister e-mailed me about it. My sister is still trying to find out what she got charged with. My sis thinks she was actually charged with driving with her highbeams on.

[JETX]

I just KNEW that there was more to this than we were told!!
The truth is in the details!!

Interesting,

I just got this message back from the Ohio Highway Patrol website:

This might be a local ordinance, and therefore should be addressed by local law enforcment.

<<<Someone told me that she got a ticket for flashing her headlights as a warning to slowdown for a speed enforcement sting (this was a small town policeman in southern Ohio).

Is this an action that is specifically prohibited by law, or was this broad interpretation by the officer of some other law?

He must have cited her for driving with her high beams on.