Flashing Your Headlights To Warn Other Drivers: Free Speech OR Justified Ticket?

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yukonjack

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Really???? I mean ..Really??
What about living on the budgets of the taxes they already charge us for?
Trying to help or protect the public is one thing...but revenue generation by writing traffic tickets...should be against the Law.

Kinda like charging sales taxes on groceries. Seriously? Charging people taxes just so they can eat. It is what it is.
 

vvvvvvv

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...and habitual drunk drivers out? Guess what that "revenue" that you hate so much pays for?

You mean the 9-time first time offenders because DUI's don't have to be tried in courts of record and the average department does not have the resources to call every other department in the state (and especially country) to find out if the guy they picked up has a previous DUI?

Of course, if DUI's were required to be in courts of record, then the State would get a large share, and the cities/counties "can't afford" to lose that revenue source...
 

kroberts2131

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No offense, but they should fire everyone that is dependent on fines for revenue to support them. The basic priciple of what you describe is so jacked up, if you can't see it, you never will!

If you are so lunchladyish that anything illegal should be heavily fined, you need to read the OK statutes to find out what is really illegal. If tickets were written for all these things everyone would be broke!

I break the law everyday in some fashion. My morals are not dictated by laws, but by what is right and wrong. If a law is wrong or set up to catch someone unsuspecting for revenue generation, then it should be ignored by all. In fact, I think it is immoral to not break that law!

I'm not saying they should ticket every speeder dude. I'm saying cities depend on that money for city revenue each year. Its a small percentage but it still helps. I break the law every day myself. If I get caught speeding, i'll pay my fine and go on. Your completely over analyzing it.
 

donner

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Do I like the "no flashing" law?
No.

However, arguing it as a 1st Amendment Right ain't likely to fly......the same way there are automobile exceptions to the 4th Amendment.
That's what I think.

Haven't 1st amendment protections already been extended to things like bumper stickers or the sign the guy had on his car that said something about aborting obama? The 4th amendment exception applies to privacy and search and seizure. I'm not sure how you'd be giving up your right to expression, especially expression that is close to being political, just because you're in a car. As others have said here, they are taking a stand against the government of their community because of how that town is handling speeders/revenue generation. It doesn't seem like a far reach to say that it's political speech.
 

Jefpainthorse

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Traffic Court in a Central OK county recently dismissed a Open container/ loaded weapon (no SDA permit) ticket a few weeks ago.

IMHO the guy looked like he would have a hard time paying the fines... so the Judge wrote the papers to get his pistol back and told him to "have a nice day".

It's pretty common knowlege that average little town in Oklahoma cannot make it on taxes alone... speed traps are an institution in this state.
 

J.P.

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Haven't 1st amendment protections already been extended to things like bumper stickers or the sign the guy had on his car that said something about aborting obama? The 4th amendment exception applies to privacy and search and seizure. I'm not sure how you'd be giving up your right to expression, especially expression that is close to being political, just because you're in a car. As others have said here, they are taking a stand against the government of their community because of how that town is handling speeders/revenue generation. It doesn't seem like a far reach to say that it's political speech.

Yeah, it doesn't *seem* like it.....but I'm sure it could fall under "obstructing" or something like that.
you asked "not sure how you'd be giving up your right just because you're in a car"....I mean, why not say the same thing about the 4th Amendment? :anyone:
 

donner

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Yeah, it doesn't *seem* like it.....but I'm sure it could fall under "obstructing" or something like that.
you asked "not sure how you'd be giving up your right just because you're in a car"....I mean, why not say the same thing about the 4th Amendment? :anyone:

I do say the same thing about the 4th amendment. But looking at case law, the 1st amendment has traditionally enjoyed some of the highest protections, especially when in the context of political speech.

Also, i don't see how this is obstructing anything. you aren't preventing the officer from doing his job. If anything you are actually getting the other person to obey the law since your flashing caused them to slow down. The only thing you are obstructing is the city/state from earning that revenue.
 

J.P.

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I do say the same thing about the 4th amendment. But looking at case law, the 1st amendment has traditionally enjoyed some of the highest protections, especially when in the context of political speech.

Also, i don't see how this is obstructing anything. you aren't preventing the officer from doing his job. If anything you are actually getting the other person to obey the law since your flashing caused them to slow down. The only thing you are obstructing is the city/state from earning that revenue.

Hey man....I'm not arguing with you, I'm just tellin' ya' what it's goinna' boil down to in the end.
 

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