traffic ticket, need advice, improper use of headlights
 

Hello,

I just recieved my first ticket this evening, so I figured I might as well try and do some research online to look at my options and possible chances of getting the ticket erased. (might as well try right?)

SCENARIO
I was driving a 1999 chevy malibu in fine condition with all working and functioning parts. time is 1030 pm. The violation occured on a residential/rural area(houeses on one side, farm land on the other. I pull up to the end of one street, with no one in sight. There is a stop sign. This is a T intersection i arrive at. At the left side of the T intersection is a cop waiting to nail people who blow the stop sign, becuase if you turn right u will get to a major road (basically everyone turns right at this T intersection., and most roll through the stop sign)

I see the cop there (i know the area)and I come to a complete stop, stay within the speed limit.
After I turn adn drive maybe 200ft there is an oncoming car, in the other lane.(one lane road each direction separated by double yellow) I flash my brights twice at the car. About a half mile later the cop pulls me over.

notes:
- please also read diagram and actual convo listed below
-yes i was guilty i flashed the driver to and only to warn him of the cop,
- is this wrong or illegal?
-can he prove there was no deer?
- can he prove if i tell the judge i was checking my lights because i had a prob with my idiot lights?
- what would be your course of action?
- should i just pay the 45 and take a ticket on my record, its not the money but the fact i got a ticket for flashing my brights and doing nothing more
- i can see how exposing where the cop is hiding will piss him off, i wont do it again, is there any way you see i can get out of the ticket?
-the initail road is 35mph and the second road is 25mph the 25 mph does NOT have houses directly on it, just neighborhoods branching off, the road is wide and no reason to be 25mph

Actual conversation: (not exact words but very accurate summary)
cop: (knocks on window)
me: (hands him items ready prepared)
cop: is there a problem with your headlights?
me: no, sir, i dont beleive so.
cop: i pulled you over becuase you were flashing your brights at other dirvers to signal them of where we were.
me: i was flashing my lights not at the dirver but becuase there was a deer in the farm next to the road
cop: do you have any prior tickets?
me: no sir, I have zero
cop: ok wait here please

i wait he comes back hands me ticket says i am recieveing it for "improper use of headlights, 39: 3-60

diagram:
farm land l cop wiating
famr land l
----------l road initally on(-), and turn right onto (l)
farm land l
farm land l
farm land l flash other driver
farm land l
farm land l
farm land l
farm land l
farm land l get pulled over

Re: traffic ticket, need advice, improper use of headlights
 

left out ticket was recieved in jersey

Re: traffic ticket, need advice, improper use of headlights
 

Plead the 1st Ammendment.

Re: traffic ticket, need advice, improper use of headlights
 

contest it - make the [censored] get off his fat donut ass and come into court -

RB

Re: traffic ticket, need advice, improper use of headlights
 

This is not a First Ammendment issue, at least where I grew up they call it obstruction of justice which is not a protected form of free speech. What you did was really stupid, what do you expect the cop to do when you warn people where he is? Fight it if you want but they are very unlikely to throw it out. This type of violation is not looked kindly upon by magistrates and the like.

NT

Re: traffic ticket, need advice, improper use of headlights
 

why would you flash a car within site of the cop? thats just dumb.

Id prolly contest it I guess, cant hurt to try

Re: traffic ticket, need advice, improper use of headlights
 

Yeah, that was pretty stupid in plain site of the cop. But just go ahead and say you saw a deer, I suppose.

Re: traffic ticket, need advice, improper use of headlights
 

yes, obv it was stupid and dumb and just utterly brainless in retrospect. At the time i thought it might be a kind thing to do for the other driver, as its late, no cars are on the road, and he was def going over 25.

Yes i can also see how obviously the cop will get upset, but now that ive done it is there anything i can do to get out of it?
to get a ticket for that is just a bunch of crap for not actually for not speeding or blowing the stop sign is just crap

Re: traffic ticket, need advice, improper use of headlights
 

That sucks. I almost got pulled over this afternoon going like 25 mph over the limit on a highway. But i saw him just in time and slammed on my brakes (which was definately more dangerous than me going the higher speed). He actually shook his head at me (he was on a motorcycle) as I went by him, but he couldn't do anything cuz the radar gun showed me below the speed limit [img]/images/graemlins/grin.gif[/img]

Re: traffic ticket, need advice, improper use of headlights
 

[ QUOTE ]
This is not a First Ammendment issue, at least where I grew up they call it obstruction of justice which is not a protected form of free speech. What you did was really stupid, what do you expect the cop to do when you warn people where he is? Fight it if you want but they are very unlikely to throw it out. This type of violation is not looked kindly upon by magistrates and the like.

NT

[/ QUOTE ]

Interestingly enough, this website by the state of New Jersey on jury instructions for HINDERING APPREHENSION OR PROSECUTION contains the following: [ QUOTE ]
(4) he warned (other) of impending or imminent discovery or apprehension. (Note: this does not apply to a warning given in connection with an effort to bring another into compliance with law, such as a fellow motorist warning speeders to slowdown for a speed trap, or a lawyer advising a client to discontinue illegal activities.)


[/ QUOTE ]

So, according to the state of New Jersey, warning others to bring themselves into complaince with the law is NOT a prosecutable offense.