By The Associated Press
FRANKLIN, Tenn. (AP) -- A judge dismissed charges against a driver who flashed his headlights to warn others of a police speed trap, saying his actions were protected free speech.
“It’s my constitutional right to blink my lights,” Harlie “Bill” Walker said after Monday’s decision by Judge Russ Heldman. “I’m overjoyed this ended in my favor.”
Last August, Walker, 75, drove near his home in suburban Williamson County, located about 20 miles south of Nashville, when a police car that had been following him pulled off the road.
“As I proceeded on down the road I met a couple of cars coming and decided it might be advisable to let them know the policeman had pulled into the driveway, so I flashed my lights a couple of times,” Walker told The Associated Press after the incident.
Franklin Police Officer Chris Marlow saw Walker’s actions, caught up with him and pulled him over.
He cited Walker under a city ordinance making it illegal to interfere with a police officer in the course of his duties.
“I’d never heard of a law that said I couldn’t flash my lights whenever I wanted to,” Walker said.
On Sept. 25, Walker admitted he flashed his lights but pleaded not guilty to interfering with the officer. He was found in violation of the ordinance and fined $10, plus $65 in court costs.
“I was trying to be a good Samaritan and warn people and it got turned around,” Walker said.
Walker said he assisted the police officer by getting other drivers to slow down.
Franklin Police Chief Jackie Moore said officers should no longer issue citations to people who flash their headlights to warn others of speed traps.
Walker’s attorney, Joe Baugh, said the judge reached the right conclusion.
“Police have to err on the side of letting citizens communicate,” Baugh said.