Cars and trucks are obviously a frequent mode of transportation for many Oregonians. However, in Oregon many laws dictate the conduct that people must abide by as they are driving. These laws tell people where they can drive, how fast they can drive and whether they are allowed to drive in the first place. By violating these rules, Oregon residents can be charged with a traffic citation. These citations can result in fines and other penalties, and more serious traffic offenses may result in misdemeanor charges.
However, a recent court ruling has made it clear that people cannot get a traffic citation for one type of activity while driving -- flashing their headlights as a warning. People frequently flash their headlights in order to let other drivers know of upcoming police speed traps. This way, other drivers know to slow down and avoid a traffic citation for speeding.
In the recent case, a commercial truck driver was pulled over by Oregon police after flashing his headlights at other vehicles to let them know about a speed trap. As a result, he was charged with unlawfully using his headlights. The trucker fought the ticket, saying that it violated his constitutional right to free speech. He says he was just communicating with other drivers by flashing his lights. Furthermore, as a result of this ticket, the police were placing his livelihood on the line by potentially damaging his driving record.
The court agreed with the man and dismissed the ticket. The judge said that this type of behavior is protected as free speech since it was being used in an intentionally communicative way. However, this ruling still makes it illegal to use high-beams to blind other drivers or use them in other illegal ways.
People who are facing minor or misdemeanor traffic offenses should make sure that they protect their constitutional rights. In many situations, police can make mistakes and inadvertently charge people, like police did with the trucker in Oregon. With the right defense, people can clear their name of the charges.
Source: The Oregonian, "Oregon judge says flashing lights to warn oncoming drivers of police is free speech (poll)," Joseph Rose, April 10, 2014
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