by Stephen Rivers
- Flashing headlights to alert other drivers of road hazards is common practice.
- A West Virginia officer faces a lawsuit after stopping a driver for flashing lights.
- Similar incidents show he’s not the only one taking offense nationwide.
While road rage, flipping the bird, and other offensive means of on-road communication seem prevalent today, one action stands out as an olive branch. When a driver flashes their headlights toward oncoming traffic, it’s an understated but unmistakable warning: pay attention to what’s ahead.
Whether the driver flashing their lights is warning of an object on the road, an animal, or a speed trap, it’s a kind gesture. It just also happens to be one that some police officers dislike, and at least one of them might be about to cost his county quite a bit of cash.
Are Headlight Warnings Free Speech?
Officers often take exception to the action when a driver warns others of an impending speed trap. While one might expect the police to be happy that others are slowing down, it’s clear that isn’t always the case.
At least as far back as 2012, this issue was popping up in the court system. Back then, it was in Missouri, where a judge made it clear that flashing headlights to warn other drivers of anything was protected free speech under the First Amendment.
Read: What’s Your Secret To Dodging Speed Traps?
Despite that case and other similar ones since, this is still a hot button issue. One case in Smyrna, Delaware, highlighted a man, Anthony Jackson, who did just this.
“A different Smyrna police officer on patrol saw Jackson flash his headlights and quickly did a U-turn to pull Jackson over, according to the lawsuit,” USA Today reports.
Officers charged him with improper use of a turn signal, which seems to indicate just how little legal ground they have to stand on.
When Jackson showed up in court to contest the ticket, the officer was nowhere to be found, so the court dismissed the case. The ACLU sued the department and ended up settling the case when the police agreed to sweeping policy changes, additional training, and more.
Arrested After Laughing at Cop
In a West Virginia case shared on Youtube by The Civil Rights Lawyer, which was recorded on both the police cruiser’s dashcam and the officer’s body camera, the department might end up facing consequences that extend well beyond a few new policies.
A man pulled over for flashing his headlights to warn other drivers of a speed trap ended up in handcuffs. That only happened after a mostly cordial conversation with the officer, Deputy J.D. Ellison, who seemed to be offended by driver William Iannacone’s action.
Then, when the officer threatened to take the driver to jail over an unsigned registration card, the driver laughed, “apparently finding this suggestion absurd”, according to the lawsuit. The officer pulled him out of the car and handcuffed him before ultimately coming to his senses and releasing the man with a ticket for improperly flashing lights.
Where the Case Stands
That ticket is still pending as the driver has sued the department for violating his rights. The judge in the case denied the department’s request to throw out the case and to give the officer qualified immunity.
While the trial is still in the discovery phase, it’s clear that flashing your lights to warn other drivers about an impending road condition is something not all officers will be okay with.
It might be the kindest thing you can do on the road for other drivers, but just be careful about where you do it.
