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Monday, April 14, 2014

Judge rules flashing headlights is free speech in Oregon case

Hauling a truckload of logs to a Southern Oregon mill last fall, Chris Hill noticed a sheriff's deputy behind him and flashed his lights to warn a UPS driver coming the other way.

The deputy pulled over Hill on U.S. Highway 140 in White City and handed him a $260 ticket for improperly using his headlights, saying another deputy had seen the flashing lights from behind the UPS truck and alerted him to stop the log truck because of the signaling.

Outraged, Hill decided to fight the ticket, and on Wednesday, a Jackson County Justice Court judge dismissed the citation, finding that motorists flashing their headlights amounts to speech protected by the Oregon Constitution.

Judge Joseph Carter determined the law covering the use of high beams was valid, but was unconstitutional as it was applied by the deputy.

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1 comment:

lmclain said...

WHEN will cops start READING? It is free speech and has been recognized as such.
But, when you're a cop, what does the LAW mean? What do court rulings mean? Answer? To a cop, NOTHING.
Even thought they KNOW a ticket is not necessary (or legal), or even though an arrest is unjustified (and/or illegal), they will not hesitate to do either one because there is NO punishment for making life difficult for "we, the people" just because you can, and EVERYTHING a cop does is FIRST considered to be right.
Lastly, "improperly using his headlights" sounds like the most general and vague statute ever written. If you touch your rear view mirror more than three times while a cop is watching, do they charge you with "playing with it" (a Must Appear citation...)?
Cop is spelled C-O-P. Not G-O-D.
I'd teach you "Public Servant", too, but I'm afraid it has too many letters for you and I don't have days and days to cover two words.
I could also teach you how to aim, but from what I understand, you cops spend a lot of time practicing that (on live humans) and you STILL can't get that right, so I won't waste time on it.
Spelling, reading, and shooting. The three top cop weaknesess. That is of course, leaving OUT height, self control, adherence to the law, setting a good example, and being faithful to your wife.