Flashing to warn of speed trap- offence? - BazzaBear {P}
Discussion from another forum:

www.alfaowner.com/Forum/rant-room/83554-are-the-po...l

Seems from the op that the person is being charged with 'incorrect use of headlights', but there's nothing in the highway code to say you can't use headlights in this way.
Other option is 'obstruction police in the course of their duties' (or whatever the proper wording is). I can see them using that charge, but it does of course ask the question, what was their aim in having a speed trap? If it was to get people to slow down, then surely the offender was helping them in their duties?

I'd be interested to know exactly what possible offences this person could be charged with, any policemen or lawyers who could help me?

Flashing to warn of speed trap- offence? - Armitage Shanks {p}
I can't find a link but earlier this year a lorry driver, who flashed his lights at motorists to warn of a mobile speed camera, was charged with obstructing the police, and found guilty!. How stopping people comitting a 'crime' can be a bad thing I don't know! However the case went to appeal and the judge said that he could not be guilty as the police could not, and did not, produce any evidence to show that any motorist slowed down a result of the headlight flashing.

This was done to death somewhere in the Backroom a while ago with the general consensus of opinion being that anyone, stopping the prevention of a crime, either police or the public, was a good thing. It was further suggested that these prosecutions only went to prove that cameras are more about money and less about safety, despite continual protests to the contrary from the dictators and spin merchants who seem to be in charge of the country.
Flashing to warn of speed trap- offence? - Robin Reliant
I sometimes flash my lights at other drivers to make them aware of my presence on the road, as laid down in the highway Code and actually the only reason headlamp flashers are fitted to motor vehicles. I would like to see someone prove otherwise in a court case.
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Flashing to warn of speed trap- offence? - retgwte
flashing your headlights always and only means "i am here" according to the highway code last time i bothered to look

Flashing to warn of speed trap- offence? - Falkirk Bairn
Some time ago (say 2yrs+) a motorist wasa fined for flashing lights to warn of a speed trap.

However, on appeal he was cleared as the Police could not prove that flashing his lights had actually made anybody slow down - the Police caught the speeders but they did not stop the drivers who had slowed down - so they could not prove the motorist had committed an offence!
Flashing to warn of speed trap- offence? - retgwte
considering the number of speed traps set up where the operators are i) parking illegally or ii) parking dangerously or plain old iii) parking so as to cause a massive obstruction and nusiance to the public

i think its about time these idiots started getting their own house in order

about time a few of them were prosecuted for the many varied offences they commit regularly, oh but that would need plod to work without fear or favour which they never do

Flashing to warn of speed trap- offence? - Kuang
As we all know that speed cameras are only ever placed at accident blackspots, what you're actually doing is warning motorists of a dangerous section of road ahead. Very public spirited.
Flashing to warn of speed trap- offence? - Ian (Cape Town)
Off on a tangent.
IF flashing your lights to warn motorists ahead to be wary is an offence - after all you could be flashing them for any number of reasons: Danger, large truck overturned ahead, just round the bend - then surely driving with your hazard lights on, to warn motorists BEHIND, must also be an offence?
Flashing to warn of speed trap- offence? - Lud
Someone saved me in Spain last year by doing this. I would certainly do it if I thought of it in time.
Flashing to warn of speed trap- offence? - LinuxGeek
Are we saying that "switching on the hazard lights on the motorways when traffic slows down considerably to warn off the drivers behind you" is an offence too? I'm sure police took that person to court is because they couldn't make enough money by that chap warning the drivers about their presence!
Flashing to warn of speed trap- offence? - flunky
Hmm, highway code says only that flashing lights is for showing *you* are there, you are not doing that, you are doing it to say someone/something else is there.... Maybe they have a case?
Flashing to warn of speed trap- offence? - Lud
No one knows why you flash your lights. Perhaps your finger slipped or something. You can always say you flashed them to indicate that you were there.
Flashing to warn of speed trap- offence? - deepwith
I am guilty of flashing my lights for no good reason when/after I drive daughters car if trying to clean the windscreen as her idicators/washers are the wrong way round!! Whoops, was that a speed trap just there?
Flashing to warn of speed trap- offence? - runboy
On the net and in local press round here, the camarea partnership people publish where they are going to be and when (down to maybe a road, junction and AM or PM IIRC).

Could you consider this to be the same issue?
Flashing to warn of speed trap- offence? - Armitage Shanks {p}
It is very very hard to believe that, with the shortage of police persons actually out on the street preventing crime or arresting criminals, that there is spare capacity to harrass and intimidate headlamp flashers.
Slight thread drift ' I recommend that people read "Wasting Police Time" by PC David Copperfield (pseudonym, natch) or goes to his policing blog. The first chapter in his book starts with him turning up for a shift at 0700 and due to leave, courses, sicknees, court appearances etc he is the only uniformed person on duty in a town of 60,000 people! Over 6 hours to process the arrest paperwork for two drunks etc. Snowed under with Home Office paperwork!
Just google for "David Copperfield + police blog" and all will be revealed.
Flashing to warn of speed trap- offence? - movilogo
After reading this thread, I re-assert my feeling

British legal system simply sucks!
Flashing to warn of speed trap- offence? - Orson {P}
Can't remember if anyone's been convicted of obstruction - there is also potentially pervert the course of justice - doing an act tending to or intending that the course of justice is perverted. A bit thin, but a possibility.
Going onto Armitage Shanks - David Copperfield has it almost exactly right. It's a very good book in all sorts of ways, but there are a number of things that are spot on. Well worth a read to see how your money gets wasted...

O
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Career: (n) Job, profession.
(v) Downhill, rapidly, out of control.
Flashing to warn of speed trap- offence? - Falkirk Bairn
Can't remember if anyone's been convicted of obstruction - there is also potentially pervert the
course of justice - doing an act tending to or intending that the course of
justice is perverted.


The point I made earlier - the police could not prove anyone slowed down.
Flashing to warn of speed trap- offence? - Vin {P}
"Your honour: In my judgment the car coming in the other direction was drifting over to my side ofthe road, so I used my headlights to help him notice my presence."

Then again, why should you have to perjure yourself when you are warning someone of a proven accident blackspot?

V
Flashing to warn of speed trap- offence? - moonshine

I dont think you even have to be driving a car, didn't some guy get prosecuted for standing on the pavement holding up a sign?
Flashing to warn of speed trap- offence? - Ravenger
Yes, he got banned from driving (despite being on foot) for holding up a placard saying 'Speed trap ahead, slow down!', because drivers were driving far too fast past a boot sale where lots of pedestrians were about.

Interesting that he gets prosecuted while trying to improve safety by getting drivers to slow down immediately, but the people caught by the police wouldn't have known anything about it until several days later when the NIP dropped on their doormat.
Flashing to warn of speed trap- offence? - Stuartli
Continental motorists flash oncoming drivers on a regular basis to warn of speed traps.

Re mobile speed traps - the main Preston paper mounted a very successful campaign a year or two back to highlight the dangerous parking of some of these vehicles and, eventually, Lancashire Police had to take the necessary steps to eliminate the offenders.

The paper backed the campaign up with regular stories and photographs of the offending mobile speed trap vehicles and operators.
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
Flashing to warn of speed trap- offence? - Dwight Van Driver
Couple of years ago Police were operating a speed trap on a country lane leading to a car Boot.

Whilst checking vehicles a chap ON FOOT foot started to wave to motorists warning them of the check ahead.

That chap was reported for obstructing the Police and convicted. In addition he was DISQUALIFIED from driving under Section 146 Power of Criminal Courts (Sentencing) Act 2000.

There was an appeal and I seem to recall it was not upheld (cannot find my case note on this) and stated was the fact that to substantiate the offence of obstruction then there had to be evidence that vehicles were exceeding the speed limit coupled with the attempt to warm these speeders of the check ahead.

So from what said do not understand the offence of misuse of headlights but looks as if there could be an offence of obstructing the Police?

dvd
Flashing to warn of speed trap- offence? - BazzaBear {P}
Cheers DVD, that's pretty much what I thought. I just wondered if there was a 'misuse of headlights' offence which I didn't know about. Sounds to me like the police are just trying to put the wind up this guy, otherwise why wouldn't they have threatened him with a real offence?
Flashing to warn of speed trap- offence? - Dalglish
...but looks as if there could be an offence of obstructing the Police? dvd

agreed.

if police are aware of a speeders, and set up a trap a to catch them, is it ok for the public to warn the potential criminals and stop/prevent the crime before it actually happens?

if police are aware of a planned bank robbery, and set up a trap a to catch them (as they did at the millenium dome for the diamond robbery), is it ok for the public to warn the potential criminals and stop/prevent the crime before it actually happens ?

Flashing to warn of speed trap- offence? - bedfordrl
if police are aware of a planned bank robbery and set up a trap a
to catch them (as they did at the millenium dome for the diamond robbery) is
it ok for the public to warn the potential criminals and stop/prevent the crime before
it actually happens ?


I would say yes, because until the offence is commited no crime has been commited, that is presuming it is not actually illegal to plan a crime ,just illegal to commit it.
Flashing to warn of speed trap- offence? - FotheringtonThomas
>>until the offence is commited no crime has been
commited


Erm, harumph, "going equipped", "conspiracy", "incitement", erm.
Flashing to warn of speed trap- offence? - Lud
presuming it is not actually illegal to plan a crime just illegal
to commit it.


Tell that to poor old hanged, drawn and quartered Guido Fawkes, the Jacobean Catholic terrorist...
Flashing to warn of speed trap- offence? - Dwight Van Driver
Read this

tinyurl.com/2bag2h

The case was R v Glendinning 2005 and the crutial point made was

it has been held that a person who warns motorists of a police speed check is only guilty of obstructing a constable in the execution of his duty if the prosecution proves that the motorists warned were in fact speeding or were likely to be speeding at that location. [DPP v Glendinning (2005)

A piouint of note also was that at the initial hearing ans found guilty, despite not driving and on FOOT he was also disqualified from driving under S 146 Power of Criminal Courts (Sentencing) Act 2000.

So if Plod can prove those warned were speeding then there is an offence of obstructing the Police.

Not sure of the misuse of headlights offence ?

dvd
Flashing to warn of speed trap- offence? - Dalglish
the previous thread on this subject is here:

www.honestjohn.co.uk/forum/post/index.htm?t=37719&...e
Flashing lights as warning of speed trap - Thommo Fri 30 Dec 05 12:27
Flashing to warn of speed trap- offence? - Zippy123
Stupid if you ask me.

Under the same principle, if I am speeding and my wife or a passenger tells me to slow down because there is a speed trap in the area then she / they would be committing an offence!


Oh, and I should not tell my children not to shoplift either (not that they do btw), because, by extending the point, I could be done for perverting the course of justice or obstruction or whatever!

Flashing to warn of speed trap- offence? - local yokel
Take the case of a bunch of youngsters out on the town on a Friday evening (walking, not driving). Some are a bit lively after a few too many drinks, and one of the more sober ones sees Plod up the street giving people on the spot fines for being drunk in a public place. He tells his mates to behave, and to walk past Plod quietly, which they do.

Has the sober one committed an offence?
Flashing to warn of speed trap- offence? - drbe
He tells his mates to
behave and to walk past Plod quietly which they do.
Has the sober one committed an offence?


Supposing someone sees a number of men approaching a bank wearing striped jersys and carrying bags marked 'swag'. He knows that there are police officers waiting inside the bank.

If he suggests that the 'robbers' stop what they are doing and go home because they will be arrested, he has stopped a crime being committed.

Has he committed a crime himself?
Flashing to warn of speed trap- offence? - Zippy123
>>Supposing someone sees a number of men approaching a bank wearing striped jersys and carrying bags >>marked 'swag'. He knows that there are police officers waiting inside the bank.

>>If he suggests that the 'robbers' stop what they are doing and go home because they will be arrested, he has stopped a crime being committed.
>>
>>Has he committed a crime himself?

Probably!

I suspect that if a driver was doing 30 in a 30 limit but was going to let the car coast (in gear of course) down a hill, where of course it would nudge, say 34, then sees a police trap and adjusts his speed, even if he was not speeding, he will be guilty of intention to speed and perverting the course of justice by applying the brake or by changing gear.

Also , no braking in front of a speed camera and no looking at speed camera warning signs as these could be considered wrong as well. Hang on, does this make speed camera signs illegal too?

Oh and for hevens sake - we should not be talking about avoiding the law as that may be conspiracy and trhe sentance of that is unlimited!

;-)
Flashing to warn of speed trap- offence? - Bilboman
The thrust of the "obstruction" offence is preventing a police officer going about his/her duties, including the gathering of evidence of a crime or crimes commited.
Flashing a warning way before a speed trap to encourage a motorist to slow down is difficult to prove in the first place (When is there a second PC waiting 100 m down the road to watch for "flashers"? how often is there ever a second PC, except in Scotland??) and cannot in itself constitute an offence unless intention can be proved.
However, as the Cannonball Run blasts through a sleepy village, if I decide to dazzle PC Plod with a laser, or throw a tarpaulin over the Gatso, then I'm preventing evidence-gathering and as good as helping the crime take place. Shouting a warning to the striped jerseys waiting in the bushes outside Barclays is similarly standing in the way of the law.
Just as radar detectors are now illegal, it's only a matter of time before flashing a warning is made a specific traffic offence, meaning points on licence and yet more swelling of coffers (as happened in Spain last year).
Flashing to warn of speed trap- offence? - Cliff Pope
How do local newspapers get the information so that they can publish the locations of speedcameras? From the police perhaps?
How can it be an offence then to warn about something that is already in the public domain?

Flashing to warn of speed trap- offence? - normd2
our local 'safety camera partnership' publishes the location of cameras on their website and lists the routes they're concentrating on in any given week.

tinyurl.com/33vy4g
Flashing to warn of speed trap- offence? - barney100
It surely would be impossible to prove that a flash was a warning of a speed trap. A flash could have been for many reasons.
Flashing to warn of speed trap- offence? - Sofa Spud
I never warn people of speed traps because if they are speeding they deserve to get caught. But I don't see how it can be an offence to flash another driver as a warning.
Flashing to warn of speed trap- offence? - Robin Reliant
I never warn people of speed traps because if they are speeding they deserve to
get caught.>>

You'd flash if you knew it was one of us though, wouldn't you Spud? ;-)
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Flashing to warn of speed trap- offence? - Civic8
A flash never used to be a speed trap warning on its own,it used to be a flash and thumbs down, hand out the window or in view of driver in opposite direction??.

Or has it been shortened to a flash now??
Flashing to warn of speed trap- offence? - Lounge Lizard
I'm in the AA so don't need to rely on people flashing to warn me of speed traps. Happily, we have uniformed patrolmen parked just before speed traps who warn us by omitting to salute us as we pass.

Being an Alcoholic and a driver has its advantages!
Flashing to warn of speed trap- offence? - Screwloose
I'm in the AA so don't need to rely on people flashing to warn me
of speed traps. Happily we have uniformed patrolmen parked just before speed traps who warn
us by omitting to salute us as we pass.


Yes; and one of them ended up in Wandsworth Jail for doing exactly that.
Flashing to warn of speed trap- offence? - drbe
Happily we have uniformed patrolmen parked just before speed traps who
warn
>> us by omitting to salute us as we pass.


Don't you find that if they fail to salute when on the move, the handlebars on their motorcycle combinations tend to wobble quite alarmingly?

;-)
Flashing to warn of speed trap- offence? - Screwloose
drbe

The BSA Road Service Outfit was surprisingly stable - even when ridden one-handed.
Flashing to warn of speed trap- offence? - Armitage Shanks {p}
How do you know they are speeding? Take a risk and flash your fellow motorists and don't side with the forces of opression and injustice! Are you one of us or one of them?
Flashing to warn of speed trap- offence? - GregSwain
Well I was recently accelerating out of my village just before the national speed limit sign (naughty I know, but it certainly isn't built-up), and a Police van coming the other way flashed me to slow down! If it's good enough for them.... ;-)