DEAR SERGEANT AL: Yesterday I
received a traffic ticket for unauthorized use of headlights for warning
oncoming motorists of a speed trap on a local road here in my neighborhood by
another trooper who was waiting on my side of the road. He wasn’t a happy
camper. He told me that flashing my headlights in the manner I did was illegal.
I thought I was doing everyone a benefit by making everyone’s lives easier,
including the troopers. I guess he didn’t see it that way. I would like to know
what my options are, and if the officer had any legal grounds for doing this in
the first place. —Sick and Tired of Entrapment Traps
Dear SATOET: Sounds like you
got a bum rap, but sorry to tell you, the officer has the grounds for taking
the action he did, so while I can’t blame him for being annoyed at you for
making their job a little more difficult for which you thought you were
helping, but on the other hand, I can’t blame you for taking the action you did
either. Apparently, you thought you might make life easier for everyone, but
when you see officers conducting enforcement, you have to be careful. Although
you had good intentions, motorists warning the public about upcoming traffic
enforcement can be seen by some agencies as defeating the purpose of the police
conducting the enforcement to begin with, and that has to do with the issues of
DETERRENCE. Apparently the cops here wanted to do the deterrence and not you,
that's their job and why they get paid. It is amazing how in some parts of the
world that flashing your headlights is seen as an effective driving tool that
should be encouraged in its use, like Europe, especially Germany, where signals
like "flash to pass" flourishes, and in other parts, using your
flashing headlights is seen as a rouse to mitigate police enforcement, or a
signal of escalation for confrontation if you're not careful, like in places
like New York or New Jersey, where you might instigate road rage. In your
state, the use of high beams are only for the use of seeing more clearly on the
road at night or during bad weather, and not when oncoming cars are coming the
opposite way, which in such case you have to lower the beam, or warn the other
driver he still has his on. This is hard to justify during daylight hours,
absent unusual circumstances. My suggestion is this: as always, take the ticket
to court. There’s a chance the officer will not show up, or if there, he might
be amenable to a lesser charge with the time that has given him for a cooler
head, or reduced fine, or if plea bargaining is not available, you might get a
sympathetic jurist ear to dismiss the violation (after all, you were using your
lights to warn of an upcoming road hazard, officers in the roadway conducting
enforcement: a traffic court lawyer might articulate this to the judge more
carefully), which is three points for 18 months starting the day of the ticket,
and a $75 fine. Check with your insurance company if there's a risk surcharge,
since it might be iffy if your insurance carrier considers this an equipment
violation, like a broken headlight, as opposed to a dangerous violation like
speeding, seatbelt, or red light violations, where someone could get hurt. No
ticket from me SATOET, but consider yourself warned for next time: take it easy
on those high beam flashers, and drive carefully. Good luck.
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Sgt. Al here. I welcome your comments, ideas, and suggestions. You have questions about the police, and I'm interested in hearing what you have to say as a citizen. Thanks!