Flashing headlights/freedom of speech

[badcop621]

Let me ty to explain this a little better without breaking out the crayons.

EMERGENCY VEHICLE - As stated in the code section are the ONLY vehicle`s in VA allowed to have flashing/wig-wag headlights and the only vehicle`s allowed to use them on the public highway. Except the code section that says you can flash them once to get the person in the left lane to move so you can pass.

REGULAR VEHICLE - NOT allowed to be equipped with such Flashing Lights Device, Therefore making it ILLEGAL to operate on the public highway with device.

PERSON DRIVING REGULAR VEHICLE, FLASHING ITS LIGHTS and not using them as stated in previous code section. ILLEGAL- REGULAR VEHICLE IS NOT AN EMERGENCY VEHICLE - GET`S CHARGED WITH 46.2-1029.1 - IMPROPER FLASHING OF HEADLIGHTS, since they are not operating an emergency vehicle.

We dont have DA`s here. We have Commonwealth Attorneys if that makes a difference. 

[badcop621]

Whats hiding got to do with anything? If your not speeding, then you have nothing to worry about. Also why dont Posted Speed Limit signs slow people down? The signs are there all the time and are visible.

I really have to chuckle about the answers given here from an LEO, while pondering the thoughts of what is actually being done.
First off, the LEO on duty, is out there to enforce current laws, speeding being one of them.
Why do people get arrested for speeding? Because it is dangerous, and causes undue hazard on those driving on the same roads... Ok, I buy that, and have no problem with that reasoning... in fact I can say when you see one of those "speed zone machines" on the side of the road giving a readout of speed, people tend to slow down...mission accomplished.
Also, when an LEO is on the side of the road, VISIBLE, it tends to accomplish this end result also.... people slow down. But I have to say that hiding in wait, in a position of blind opportunity with the intent of specifically ticketing...while hiding in wait, is just sleazy... now someone flashes thier lights and the would be speeder (maybe he's doing 5 mph over, who knows)slows down, IS'NT THIS THE EXACT REASON THE LAW IS BEING ENFORCED???
to maintain safe speeds on the highway?  or is it simply to arrest and ticket those breaking the law?

difficult question? I don't think so, the intent is to have everyone travel at the speed limit....but the activity is only to enforce this when someone breaks the rule, it does nothing to prevent it from being broken.   It would go a lot further towards being succesful in slowing people down to simply be seen, and have a presence.

presence means everything here, don't think so? Watch people slow down when a car is pulled over on the roadside, and as soon as the people realize the LEO is occupied writing a ticket, they all punch it thinking they are free and clear to speed now.... but have a cop sit on the road, just sitting there, watch the caution level for those drivers peak, and speeds reduce "just to make sure" they don't get pinched...

[Mettler1]

  As I understand in Mi. if you interfere with a cop enforcing the law by flashing your lights to warn a speed offender then they can issue a ticket for interfering with a law enforcement officer.

   Sort of like if the police set up a sting to catch a law breaker and you warn the law breaker you are in big trouble.

[bbroj]

Unless I'm missing something or there is more to the code, it says nothing about allowing a single flash as a signal to pass, or that anything else is a violation. The only place a single flash is refered to is in a previous post, not in quoted code. Unless there is more or other code involved here, it seems like the LEO(s) involved in writing these tickets are extending enforcement to their own intrepretation. No (stock) car or truck has EV style lights, no laws broken. I have yet to see where a law or code that has been posted or refered to here states that a driver MANUALLY flashing his/her lights is a violation of any kind.

[ZG]

This thread is entertaining. 
 
I once had a girl at Seaside flash her headlights at me... I almost crashed...        

[SteveJ.]

Unless I'm missing something or there is more to the code, it says nothing about allowing a single flash as a signal to pass, or that anything else is a violation. The only place a single flash is refered to is in a previous post, not in quoted code. Unless there is more or other code involved here, it seems like the LEO(s) involved in writing these tickets are extending enforcement to their own intrepretation. No (stock) car or truck has EV style lights, no laws broken. I have yet to see where a law or code that has been posted or refered to here states that a driver MANUALLY flashing his/her lights is a violation of any kind.

This.

[badcop621]

No where else in the Va state code book does it say anything else about what type of vehicles are allowed to flash their lights other than motorcycles. SO, it states that emergency vehicles are the only types of vehicles that can do this. Do you need a special device to flash your lights? NO -- The driver can manually do it on any regular vehicle.

If a driver flashes their headlights, whether it be Manually or use a Special device to do it, and they`re not operating an emergency vehicle and have emergency lights activated when they do it, they are in violation.

Where is the common sense that everyone seems to lack these days? 

[badcop621]

46.2-842.1. Drivers to give way to certain overtaking vehicles on divided highways.

It shall be unlawful to fail to give way to overtaking traffic when driving a motor vehicle to the left and abreast of another motor vehicle on a divided highway. On audible or LIGHT SIGNAL, the driver of the overtaken vehicle shall move to the right to allow the overtaking vehicle to pass as soon as the overtaken vehicle can safely do so. A violation of this section shall not be construed as negligence per se in any civil action.

Signal.  Not signals.

Unless I'm missing something or there is more to the code, it says nothing about allowing a single flash as a signal to pass, or that anything else is a violation. The only place a single flash is refered to is in a previous post, not in quoted code. Unless there is more or other code involved here, it seems like the LEO(s) involved in writing these tickets are extending enforcement to their own intrepretation. No (stock) car or truck has EV style lights, no laws broken. I have yet to see where a law or code that has been posted or refered to here states that a driver MANUALLY flashing his/her lights is a violation of any kind.

[badcop621]

Mechanical or Manually has nothing to do with it. Why must everything have it own seperate code to explain common sense? Its just the mere flashing of the lights on a non-emergency vehicle is the violation. Why would they single emergency vehicles out just for this code section?
Probably so we can how long discussions about like this one.

This.

[Pokey]

There are some gangs out there that will do you harm, if you ever flash your lights at them.

[AZBiker]

There are some gangs out there that will do you harm, if you ever flash your lights at them.

Urban legend.

[AZBiker]

Mechanical or Manually has nothing to do with it. Why must everything have it own seperate code to explain common sense? Its just the mere flashing of the lights on a non-emergency vehicle is the violation. Why would they single emergency vehicles out just for this code section?
Probably so we can how long discussions about like this one.

Because it shouldn't be illegal.  Just like radar detectors shouldn't be illegal either.  Similar to the prohibitions some states have about recording LE while on duty.

[koval68]

Brad Diamond's(producer of TSN's Motoring) story made headlines in Toronto in 2008. The case against him was dismissed for lack of sufficient evidence.....
http://www.wheels.ca/article/asset/167046

[bbroj]

46.2-842.1. Drivers to give way to certain overtaking vehicles on divided highways.

It shall be unlawful to fail to give way to overtaking traffic when driving a motor vehicle to the left and abreast of another motor vehicle on a divided highway. On audible or LIGHT SIGNAL, the driver of the overtaken vehicle shall move to the right to allow the overtaking vehicle to pass as soon as the overtaken vehicle can safely do so. A violation of this section shall not be construed as negligence per se in any civil action.

Signal.  Not signals.

"Signal" is not defined, you're doing that. Around here, a request to pass is a left turn signal from the overtaking driver. Flashing of the high beams is also recognized but the turn signal is considered more courteous. As far as the flashing mechanism, the code you refer to states Ican't have such a device in my car, not that I can't flash my lights. I flash my high beams at drivers not dimming their high beams, you're telling me that's a ticketable offence in Va? I think this is entirely your own intrepretation, and in my opinion, has no justification.

[kathybrj]

My Suzuki came equipped with a yellow button labeled "pass" on it. I also use it to flash motorists coming at me with their brights on. I use it quite a bit when we're slabbing in- sometimes I hit it twice when using it. Guess I'm lucky the LEO's in NY have better things to do than stop me for using my stock equipment.

[VirginiaJim]

This whole thread is excellent! We all have differing opinions on this subject and we are staying civil (for the most part).  I'm happy that we have a LEO in this discussion to broaden the thought process.  Also, glad he's from VA  .  I think the next time I'm down home, I'll ask my nephew (deputy in a southern county) his thoughts on the matter.

[gPink]

It seems to me the VA law is trying to base a crime on intent. Has this now become a thought crime? The Leo gives me a ticket because he saw my headlights flash. His only basis for the ticket, unless I specifically tell him why I did it, is his best guess as to why. Should he be also able to issue me a ticket because I own a motorcycle capable of exceeding the speed limit and his best guess is that I am going to do it?

[badcop621]

I guess it hard for those not in Law Enforcement to understand where I`m coming from.  Va has some of the toughest vehicle equipment laws in the US. Just by having accessories installed on your vehicle and not using them is illegal such a Neon lights, LED lights, Radar Detectors, etc;

This thread is interesting though.

[VirginiaJim]

It seems to me the VA law is trying to base a crime on intent. Has this now become a thought crime? The Leo gives me a ticket because he saw my headlights flash. His only basis for the ticket, unless I specifically tell him why I did it, is his best guess as to why. Should he be also able to issue me a ticket because I own a motorcycle capable of exceeding the speed limit and his best guess is that I am going to do it?

Well, don't we?   

I was thinking about this on the way into town just now and thought if this is going to be contested in court the best form of action would be to be polite and not admit anything.  Then just go to court and have fun.  It would be costly to retain a lawyer but it would be worth it, I think.

[gPink]

So is mere posession of the radar detector illegal? Or does it have to be "installed". What is the definition of installed? Is it illegal to have it setting on my dash not plugged in and turned off? Does posession equal intent? Brings us back to is intent the definition of illegal/