Wednesday, September 25, 2013

Is It Illegal To Flash Warning Headlights of an upcoming Speed Radar Trap?

Is It Illegal To Flash Warning Headlights of an upcoming Speed Radar Trap?

Traffic tickets are issued at police discretion. However, interpretation of the law is up to the courts.
In past, my colleague Jim Kenzie and myself took police to task for improperly ticketing drivers who flashed their headlights in daytime to warn oncoming drivers that they were approaching a speed trap.
The courts ruled this specific action was not illegal and that charges under section 162(2) HTA, which prohibits alternating high-beams on vehicles other than emergency vehicles, did not apply. All outstanding charges were tossed and police no longer issue such tickets at the direction of the Solicitor General.
Surprisingly, some critics — citing that the questionable police tactic was done “in the best interest of public safety” — took issue with our defending the driving public against an unlawful practice. To that, I’ll say the job of police is to enforce the law as it is written — not to extend it to circumstances where the courts have ruled that it clearly does not apply.

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