Warning drivers by flashing headlights: legal aspect
Flashing headlights to warn other drivers of road hazards is a common practice. However, in West Virginia, a police officer stopped a driver for such actions, leading to a lawsuit. Similar incidents indicate that this is not an isolated case where law enforcement reacts negatively to such warnings across the country.
The meaning of flashing headlights on the road
In modern conditions, when road aggression, offensive gestures, and other forms of negative communication between drivers have become commonplace, flashing headlights stands out as a peaceful way of warning. When a driver turns the headlights on and off when meeting other cars, it serves as a subtle but understandable signal: pay attention to what’s ahead.
This can be a warning about an obstacle on the road, an animal, or a police speed check. Such a gesture is considered a good deed, but some police officers view it negatively, which can lead to legal consequences for their departments.
Is warning with headlights freedom of speech?
Law enforcement officers are particularly displeased when drivers warn others about speed trap ambushes. Although one might expect the police to be pleased that drivers are slowing down, in practice this is not always the case.
As early as 2012, this issue was already considered in the judicial system, specifically in Missouri. At that time, a judge clearly stated that flashing headlights to warn other drivers about anything is a protected freedom of speech according to the First Amendment to the Constitution.
Similar cases across the country
Despite precedent-setting decisions, the issue remains relevant. For example, in Smyrna, Delaware, a man named Anthony Jackson committed a similar act. As reported by USA Today, a police officer on patrol saw Jackson flashing his headlights, quickly turned around, and stopped him.
He was charged with improper use of a turn signal, indicating a lack of legal grounds for such police actions. When Jackson appeared in court to contest the fine, the officer did not appear, and the case was dismissed. The American Civil Liberties Union filed a lawsuit against the department, and the parties reached an agreement under which the police agreed to changes in policy, additional training, and other measures.
Incident in West Virginia
An incident occurred in West Virginia that could have serious consequences for the police department. Driver William Yanacone was stopped for flashing his headlights to warn others about a speed trap ambush. After a rather free conversation with the officer, Deputy J. D. Allison, who was outraged by the driver’s actions, the situation escalated.
When the officer threatened to send the driver to jail over an unsigned registration card, the driver laughed, which, according to the lawsuit, was perceived as absurd. The officer pulled him out of the car, handcuffed him, but later released him, issuing a fine for improper flashing of headlights.
Current status of the case
The fine has not yet been canceled, and the driver has filed a lawsuit against the department for violating his rights. The judge rejected the department’s motion to dismiss the case and grant the officer qualified immunity. Although the trial is in the pre-trial discovery stage, it is clear that not all officers are tolerant of drivers warning about road conditions.
It might be the kindest deed on the road, but it’s worth being careful about where exactly you give such a warning.
These events highlight that even good intentions can face opposition, especially when they concern police activities. In many states, courts support drivers’ right to freedom of speech, but in practice, this does not always prevent conflicts. It is important for the public and law enforcement officers to be aware of legal precedents, which will help avoid similar situations in the future. Social media and human rights organizations play a key role in highlighting such cases, promoting transparency and accountability.