Judge: Drivers can flash headlights to warn others of speed traps

A Missouri federal judge ruled this week that flashing headlights at fellow motorists to warn of speed traps is protected under freedom of speech.

That has El Pasoan Jose Escobar reflecting about his own arrest in 2011.

“I was jogging around my house and then there was a police truck there and I warned drivers to slow down and he put me in jail,” Escobar said. He interfered with what’s known as a police speed trap.

Tony Rothert, legal director of the American Civil Liberties Union Missouri chapter represented Michael Elli in fighting the ticket from the Ellisville Police Department all the way to the supreme court.

“The Missouri drivers’ manual suggests that you flash your headlights to other drivers to tell them to proceed with caution,” Rothert said over the phone.

Although never arrested for warning drivers of police radar up ahead like Escobar was, the ticket Ellis received in Missouri had him facing a $1,000 fine.

“He was pulled over, held on the side of the road for about 15 minutes and required to go to court,” Rothert said.

The federal judge in Missouri ruled there is no law prohibiting flashing headlights to warn of speed traps. As a matter of fact it’s often a common way for drivers to communicate.

“They don’t do it because they want to avoid accidents or help the citizens avoid accidents. They just want money,” Escobar said.

Rothert said what’s remarkable about the case is realizing the other ways people communicate … other than speaking to each other.