A commercial log hauler was issued a $260 ticket for flashing his lights to alert an oncoming vehicle of a highway speed trap on US-140 in Oregon.
After noticing highway patrol behind him, Chris Hill, flashed his lights to warn an oncoming UPS truck that there was a radar wielding highway officer nearby.
The officer swiftly pulled over the driver and issued him the ticket for ‘improper use of headlights’
After doing some research, Hill believed he was improperly targeted and fought the case.
The Jackson County Justice Court judge ruled in Hill’s favor and dismissed the citation, noting that drivers flashing their lights falls within free speech under the Oregon Constitution. The judge wrote:
“The citation was clearly given to punish the Defendant for that expression. The government certainly can and should enforce the traffic laws for the safety of all drivers on the road. However, the government cannot enforce the traffic laws, or any other laws, to punish drivers for their expressive conduct.”
Because the driver admitted to intentionally flashing his lights in order to communicate with another driver, it does not fall under dangerous or improper use of headlights which is what the law was created to prevent.
Similar to a driver flashing their lights to signify the intention to pass or change lanes, Hill’s behavior could be characterized as an “optical horn” the judge said.