In New Jersey, Flashing Your Headlights to Warn Oncoming Drivers of a Speed Trap is Constitutionally Protected as Free Speech.

In New Jersey, Flashing Your Headlights to Warn Oncoming Drivers of a Speed Trap is Constitutionally Protected as Free Speech.

Many people in New Jersey may not know that, since 1999, the flashing of one’s headlights to warn other drivers that a speed trap is oncoming is constitutionally protected speech.  Well, it is.  In 1999, the Appellate Division in State v. Luptak, ruled that “a motorist may not be convicted of misusing her headlights to warn oncoming motorists of radar.  The Statute [regarding the use of headlamps - 39:3-60] was never intended to prohibit a motorist from warning oncoming motorists that a speed trap lies ahead.”

Now on March 20, 2104, Assemblyman Ronald Dancer (R-Ocean) introduced a bill making it clear that it is “permissible for the operator of a motor vehicle to flash his or her headlights in the direction of oncoming traffic to warn the operator of another motor vehicle of a traffic accident, a road hazard, or the presence of law enforcement officers enforcing the speed limit.”  See https://www.njleg.state.nj.us/2014/Bills/A3000/2922_I1.HTM.

Poulos LoPiccolo represents individuals in municipal court related to traffic violations and minor drug crimes.  If you are in need of representation, call us today to speak to one of our highly experienced municipal court attorneys – 732-757-0165 – or visit our website at https://www.pllawfirm.com/practice-areas-2/municipal-court-ticket-cases/.